§ 8.01-636.In what cases writ issued.
Chapter 25. Extraordinary Writs · Article 1. Writ of Quo Warranto · Last amended 1980 · Last verified July 16, 2026
Full Text of § 8.01-636
Plain-English Summary
The first two categories target misuse of authority the law confers. A domestic, non-municipal corporation can face the writ for misusing or not using its corporate privileges and franchises, for exercising a privilege or franchise the law never gave it, or for obtaining its charter for a fraudulent or unauthorized purpose. A person can face the writ for misusing or not using any privilege the law conferred on them, which specifically includes practicing a profession without being duly authorized or licensed to do so.
The last two categories address people acting without any authority at all: persons acting as a corporation, other than a municipal corporation, without legal authority to do so, and any person who intrudes into or usurps a public office. That office-usurpation category comes with a limit — no writ may issue against someone currently holding office for a cause that would instead have supported a proceeding to contest their election.
The section closes with a jurisdictional guardrail: nothing in it lets any court judge the election, qualifications, or returns of members of either house of the General Assembly, keeping legislative seating disputes out of the quo warranto process entirely.
Frequently Asked Questions
Can quo warranto be used against a domestic corporation for misusing its franchise?
Yes — subdivision 1 covers misuse or nonuse of corporate privileges or franchises, exercising a privilege not conferred by law, or obtaining a charter for a fraudulent or unauthorized purpose.
Does the writ reach someone practicing a profession without a license?
Yes — subdivision 2a covers a person engaged in the practice of a profession without being duly authorized or licensed.
Can quo warranto challenge someone holding public office?
Yes — subdivision 4 covers a person who intrudes into or usurps a public office.
Is there a limit on using this writ against a sitting officeholder?
Yes — no writ may issue against a person currently in office for a cause that would have supported an election contest instead.
Does this section let a court judge the election of General Assembly members?
No — the proviso expressly withholds jurisdiction over the election, qualifications, or returns of members of either house of the General Assembly.
Amendment History
Code 1950, § 8-857; 1977, c. 617; 1980, c. 705.