The court shall determine and adjudge the rights of all parties to the proceeding. In case any person or corporation against whom such complaint is filed is adjudged guilty as charged in the complaint, the court may enter judgment of ouster against such person or corporation from the office or franchise, and fine such person or corporation, and also enter judgment in favor of the relator for the cost of the prosecution. Instead of entering judgment of ouster from a franchise for an abuse thereof, the court may fine the person or corporation found guilty in any sum not exceeding $25,000.00 for each offense. When judgment is entered in favor of any defendant, such defendant shall recover costs against the relator.
18-108.Judgment.
Article XVIII. Quo Warranto · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceLets the court adjudicate all parties' rights in a quo warranto case, entering judgment of ouster and a fine (or a fine up to $25,000 instead of ouster from a franchise) against a defendant found guilty, with costs following the winning side.
Full Text of 735 ILCS 5/18-108
Plain-English Summary
Section 18-108 sets out the judgment a quo warranto case can produce. The court determines and adjudges the rights of all parties to the proceeding — a comprehensive resolution, not just a yes-or-no answer to the initial complaint.
When a person or corporation is adjudged guilty as charged, the court may enter judgment of ouster, removing them from the office or franchise at issue, along with a fine, and it enters judgment for the relator's costs of prosecution. For a franchise abuse specifically, the court has an alternative to ouster: a fine of up to $25,000 for each offense, letting the corporation keep the franchise while paying for the abuse of it.
The section also protects a prevailing defendant: when judgment is entered in the defendant's favor, that defendant recovers costs against the relator, mirroring the costs rule found in mandamus practice under Section 14-105.
Frequently Asked Questions
What can a court order against a defendant found guilty in a quo warranto case?
Judgment of ouster from the office or franchise, a fine, and judgment for the relator's costs of prosecution.
Can a court fine a corporation instead of ousting it from a franchise?
Yes. For an abuse of a franchise, the court may impose a fine of up to $25,000 for each offense instead of entering judgment of ouster.
What happens if the defendant wins a quo warranto case?
The defendant recovers costs against the relator.
Does the court resolve the rights of every party in a quo warranto case?
Yes. Section 18-108 says the court shall determine and adjudge the rights of all parties to the proceeding.
Is the $25,000 fine cap tied to a specific ground under Section 18-101?
The fine alternative is tied to franchise abuse specifically, letting the court penalize that misconduct without necessarily stripping the franchise itself.
Amendment History
(Source: P.A. 83-707.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
Also known as: quo warranto judgment illinoisquo warranto ouster illinoisquo warranto fine franchise abusequo warranto costs to relator