{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-636.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-636.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-636.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-636.html"}],"law_id":67828,"edition_id":1,"section_id":67828,"structure_id":13115,"section_number":"8.01-636","catch_line":"In what cases writ issued","history":"Code 1950, \u00a7 8-857; 1977, c. 617; 1980, c. 705.","full_text":"A writ of quo warranto may be issued and prosecuted in the name of the Commonwealth in any of the following cases:\n\n1\n\nAgainst a domestic corporation, other than a municipal corporation, for the misuse or nonuse of its corporate privileges and franchises, or for the exercise of a privilege or franchise not conferred upon it by law, or when a charter of incorporation has been obtained by it for a fraudulent purpose, or for a purpose not authorized by law;2\n\nAgainst a person for the misuse or nonuse of any privilege conferred upon him by law;\n\t\t\t2a. Against a person engaged in the practice of any profession without being duly authorized or licensed to do so;3\n\nAgainst any person or persons acting as a corporation, other than a municipal corporation, without authority of law; and4\n\nAgainst any person who intrudes into or usurps any public office. But no writ shall be issued or prosecuted against any person now in office for any cause which would have been available in support of a proceeding to contest his election.\n\t\t\tProvided that nothing herein shall be construed to give jurisdiction to any court to judge the election, qualifications, or returns of the members of either house of the General Assembly.","order_by":null,"text":{"0":{"id":245651,"text":"A writ of quo warranto may be issued and prosecuted in the name of the Commonwealth in any of the following cases:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":245652,"text":"Against a domestic corporation, other than a municipal corporation, for the misuse or nonuse of its corporate privileges and franchises, or for the exercise of a privilege or franchise not conferred upon it by law, or when a charter of incorporation has been obtained by it for a fraudulent purpose, or for a purpose not authorized by law;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":245653,"text":"Against a person for the misuse or nonuse of any privilege conferred upon him by law;\n\t\t\t2a. Against a person engaged in the practice of any profession without being duly authorized or licensed to do so;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":245654,"text":"Against any person or persons acting as a corporation, other than a municipal corporation, without authority of law; and","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":245655,"text":"Against any person who intrudes into or usurps any public office. But no writ shall be issued or prosecuted against any person now in office for any cause which would have been available in support of a proceeding to contest his election.\n\t\t\tProvided that nothing herein shall be construed to give jurisdiction to any court to judge the election, qualifications, or returns of the members of either house of the General Assembly.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3"}},"ancestry":[{"id":13115,"edition_id":1,"name":"Writ of Quo Warranto","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":13114,"metadata":{},"date_created":"2026-06-26 03:44:18","date_modified":"2026-06-26 03:44:18","permalink":{"id":279305,"object_type":"structure","relational_id":13115,"identifier":"1","token":"8.01\/25\/1","url":"\/8.01\/25\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13114,"edition_id":1,"name":"Extraordinary Writs","identifier":"25","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:44:18","date_modified":"2026-06-26 03:44:18","permalink":{"id":279303,"object_type":"structure","relational_id":13114,"identifier":"25","token":"8.01\/25","url":"\/8.01\/25\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":62673,"structure_id":13115,"section_number":"8.01-635","catch_line":"Common-law writ of quo warranto and information in the nature of writ of quo warranto abolished; statutory writ of quo warranto established","url":"\/8.01-635\/","token":"8.01\/25\/1\/8.01-635","metadata":false},{"id":67828,"structure_id":13115,"section_number":"8.01-636","catch_line":"In what cases writ issued","url":"\/8.01-636\/","token":"8.01\/25\/1\/8.01-636","metadata":false},{"id":54149,"structure_id":13115,"section_number":"8.01-637","catch_line":"By whom filed; when leave granted and writ issued","url":"\/8.01-637\/","token":"8.01\/25\/1\/8.01-637","metadata":false},{"id":74975,"structure_id":13115,"section_number":"8.01-638","catch_line":"Repealed","url":"\/8.01-638\/","token":"8.01\/25\/1\/8.01-638","metadata":false},{"id":64240,"structure_id":13115,"section_number":"8.01-639","catch_line":"How summons directed and served","url":"\/8.01-639\/","token":"8.01\/25\/1\/8.01-639","metadata":false},{"id":62235,"structure_id":13115,"section_number":"8.01-640","catch_line":"Judgment when defendant fails to appear","url":"\/8.01-640\/","token":"8.01\/25\/1\/8.01-640","metadata":false},{"id":62058,"structure_id":13115,"section_number":"8.01-641","catch_line":"Reopening same when made on service by publication","url":"\/8.01-641\/","token":"8.01\/25\/1\/8.01-641","metadata":false},{"id":74678,"structure_id":13115,"section_number":"8.01-642","catch_line":"Pleading when defendant appears","url":"\/8.01-642\/","token":"8.01\/25\/1\/8.01-642","metadata":false},{"id":81483,"structure_id":13115,"section_number":"8.01-643","catch_line":"Trial; verdict; judgment; costs; attorney's fee","url":"\/8.01-643\/","token":"8.01\/25\/1\/8.01-643","metadata":false}],"previous_section":{"id":62673,"structure_id":13115,"section_number":"8.01-635","catch_line":"Common-law writ of quo warranto and information in the nature of writ of quo warranto abolished; statutory writ of quo warranto established","url":"\/8.01-635\/","token":"8.01\/25\/1\/8.01-635","metadata":false},"next_section":{"id":54149,"structure_id":13115,"section_number":"8.01-637","catch_line":"By whom filed; when leave granted and writ issued","url":"\/8.01-637\/","token":"8.01\/25\/1\/8.01-637","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-636\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1977, chapter 617; in 1980, chapter 705.<\/p>","references":[{"id":54149,"section_number":"8.01-637","catch_line":"By whom filed; when leave granted and writ issued","order_by":null,"url":"\/8.01-637\/"}],"refers_to":false,"permalink":{"id":279311,"object_type":"law","relational_id":67828,"identifier":"8.01-636","token":"8.01\/25\/1\/8.01-636","url":"\/8.01-636\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-636\/","token":"8.01\/25\/1\/8.01-636","dublin_core":{"Title":"In what cases writ issued","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-636","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A writ<\/span> of quo warranto may be issued and prosecuted in the name of the Commonwealth in any of the following cases:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Against a domestic corporation, other than a municipal corporation, for the misuse or nonuse of its corporate privileges<\/span> and franchises, or for the exercise of a privilege<\/span> or franchise not conferred upon it by law<\/span>, or when a charter of incorporation has been obtained by it for a fraudulent purpose, or for a purpose not authorized by law<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Against a person<\/span> for the misuse or nonuse of any privilege<\/span> conferred upon him by law<\/span>;\n\t\t\t2a. Against a person<\/span> engaged in the practice of any profession without being duly authorized or licensed to do so; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Against any person<\/span> or persons<\/span> acting as a corporation, other than a municipal corporation, without authority of law<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Against any person<\/span> who intrudes into or usurps any public office. But no writ<\/span> shall be issued or prosecuted against any person<\/span> now in office for any cause which would have been available in support of a proceeding to contest his election.\n\t\t\tProvided that nothing herein shall be construed to give jurisdiction<\/span> to any court<\/span> to judge<\/span> the election, qualifications, or returns of the members of either house of the General Assembly. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nIN WHAT CASES WRIT ISSUED (\u00a7 8.01-636)\n\nA writ of quo warranto may be issued and prosecuted in the name of the\nCommonwealth in any of the following cases:\n\n1. Against a domestic corporation, other than a municipal corporation, for the\nmisuse or nonuse of its corporate privileges and franchises, or for the exercise\nof a privilege or franchise not conferred upon it by law, or when a charter of\nincorporation has been obtained by it for a fraudulent purpose, or for a purpose\nnot authorized by law;\n\n2. Against a person for the misuse or nonuse of any privilege conferred upon him\nby law;\n\t\t\t2a. Against a person engaged in the practice of any profession without being\nduly authorized or licensed to do so;\n\n3. Against any person or persons acting as a corporation, other than a municipal\ncorporation, without authority of law; and\n\n4. Against any person who intrudes into or usurps any public office. But no writ\nshall be issued or prosecuted against any person now in office for any cause\nwhich would have been available in support of a proceeding to contest his\nelection.\n\t\t\tProvided that nothing herein shall be construed to give jurisdiction to any\ncourt to judge the election, qualifications, or returns of the members of either\nhouse of the General Assembly.\n\nHISTORY: Code 1950, \u00a7 8-857; 1977, c. 617; 1980, c. 705.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}