State Ex Rel. Fatzer v. Schmitt

The opinion of the court was delivered by

Thiele, J.:

This is an original action in the nature of quo warranto commenced by the State on the relation of the Attorney General against D. W. Schmitt, individually, D. W. Schmitt, Manager, “National Pure Trust Service, Rocky Mountain Division,” and National Pure Trust Service, organizational status unknown, to determine if the defendants have been exercising the privilege and franchise of practicing the learned profession of the law, and if so to oust and enjoin them therefrom.

The substance of the pleadings filed is as follows: In the petition it is…