State Ex Rel. City Bank & Trust Co. v. Marshall & Ilsley Bank

The court is of opinion that the demurrer should have been overruled, and that therefore the judgment dismissing the action must be reversed.

1. Propriety of remedy in quo warranto. Sec. 294.04 (1) (a), Stats., authorizes an action of quo war-ranto “when any person shall usurp, intrude into, or unlawfully hold or exercise . . . any franchise within this state.” In the present action no attack is made upon the defendant’s right to exist as a corporation and conduct its banking business at its main office on North Water street. The contention is rather that the operation of the branch in the new…