Mississippi § 11-39-1 - To what cases applicable.

§ 11-39-1. To what cases applicable.

The remedy by information in the nature of a quo warranto shall lie, in the name of the state, against any person or corporation offending in the following cases, viz.: First.— Whenever any person unlawfully holds or exercises the functions of any public office, civil or military, or franchise, or any office in any corporation, city, town, or village, and to try the right to any such office. Second.— Whenever any public officer has done or suffered to be done, or has omitted to do any act, the doing or omission of which works a forfeiture of office. Third.— Whenever any two or more persons shall act as a corporation, or assume so to do without being legally incorporated. Fourth.— Whenever any corporation shall be guilty of a misuser or abuse of its powers, or ceases to discharge the duty for which it was created. Fifth.— Whenever any corporation willfully exercises powers not conferred by law. Sixth.— Whenever any corporation fails to exercise powers conferred by law and essential to its corporate existence, or implied in its duty to the public. Seventh.— Whenever any corporation shall be guilty of doing or neglecting to do any act the doing or neglecting of which is made by law a cause of forfeiture of franchise. Eighth.— Whenever any corporation shall willfully and persistently violate the law made for regulating such corporations, or the criminal law; but acts done in good faith before adjudication of the constitutionality of a doubtful statute shall not be cause of forfeiture. Ninth.— Whenever it is sought to have the right of any corporation, not created by the laws of this state, to do business in this state forfeited because of its persistent refusal to comply with the laws thereof. Tenth.— Whenever any nonresident alien or corporation shall acquire or hold lands contrary to law.