State ex rel. Walker v. Payne
Supreme Court of Missouri
Quo Warranto. (1) This proceeding was properly brought against the officers instead of the corporation. Pendleton v. Bussell, 144 U. S. 640; Investment Co. v. Munson, 44 Kan. 491; Asheville Div. No. 15 v. Aston, 92 N. C. 578; Beaton v. Bailroad, 55 Mo. 416; People v. Bailroad, 15 Wend. 114. (2) The words “perpetual succession” have in law a fixed and definite meaning. They have no greater force or effect than the words “continuous succession” or even the word “succession.”
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Quo Warranto. (1) This proceeding was properly brought against the officers instead of the corporation. Pendleton v. Bussell, 144 U. S. 640; Investment Co. v. Munson, 44 Kan. 491; Asheville Div. No. 15 v. Aston, 92 N. C. 578; Beaton v. Bailroad, 55 Mo. 416; People v. Bailroad, 15 Wend. 114. (2) The words “perpetual succession” have in law a fixed and definite meaning. They have no greater force or effect than the words “continuous succession” or even the word “succession.” It will also be seen by a reference to our statutes that the words “perpetual succession” and “succession” are used…
1Opinion of the CourtMacfarlane, J.
This is a proceeding by information in the nature of quo warranto, brought by the attorney general, at his own relation, against M. J. Payne and others, as officers of the Kansas City Gaslight and Coke Company, by which they are charged with usurping the rights, privileges and franchises of a corporation.
The information sets out in full an act of the general assembly of the state entitled “An Act to incorporate the Kansas City Gaslight and Coke Company” approved February 20, 1865. (Laws 1864-5, p. 237). Sections 1, 2, 8 and 9 of the aet are as follows:
“Sec. 1. That M. J. Payne, DavidE. James,…
2Cases cited5 opinions
- Central Transportation Co. v. Pullman's Palace Car Co.Supreme Court of the United States · 1891
- Carroll v. CampbellSupreme Court of Missouri · 1891
- Fairchild v. Masonic Hall Ass'nSupreme Court of Missouri · 1880
- Scanlan v. CrawshawMissouri Court of Appeals · 1878
- State v. StormontSupreme Court of Kansas · 1881
3Cited by9 opinions
- People ex rel. Deneen v. Economy Light & Power Co.Illinois Supreme Court · 1909
- State ex rel. Hines v. Scott County Macadamized Road Co.Supreme Court of Missouri · 1907
- State ex rel. Allison v. Hannibal & Ralls County Gravel Road Co.Supreme Court of Missouri · 1897
- State ex rel. Jump v. Louisiana, Bowling Green & Ashley Gravel Road Co.Missouri Court of Appeals · 1906
- State ex rel. Hines v. GirardeauSupreme Court of Missouri · 1907
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