State ex inf. Hadley v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Quo Warranto. (1) It is stated by the respondents in their demurrer that the facts stated in the information constitute a cause of action against the respondents severally, but not jointly with any other respondent. That involves a consideration of the question as to what it is necessary to allege against several .respondents when the charge is that they have conspired to do acts which are unlawful.
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Quo Warranto. (1) It is stated by the respondents in their demurrer that the facts stated in the information constitute a cause of action against the respondents severally, but not jointly with any other respondent. That involves a consideration of the question as to what it is necessary to allege against several .respondents when the charge is that they have conspired to do acts which are unlawful. The sufficiency of the pleading in this regard must be determined by the rules in reference to civil proceedings. 2 Spelling on Extraordinary Legal Remedies; People v. Railroad, 1 Lans. (N. Y.)…
1Opinion of the CourtFerriss, J.
— Information in quo warranto to oust respondents of their franchises. The case is submitted on a motion for judgment on the pleadings, which consist of the information and the returns or answers of the several respondents.
In arriving at the substantive facts pleaded, and proper for consideration upon this motion, we take as true the material allegations in the information admitted by the answers, and also as true the material allegations in the answers or returns of .respondents, leaving open for discussion the legal conclusions of either party. [State ex rel, v. Mo. Pac. Ry. Co., 237 Mo.…
2Cases cited1 opinion
- State ex inf. Hadley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1911
3Cited by10 opinions
- Coleman v. HageySupreme Court of Missouri · 1913
- State Ex Inf. Atty-Gen. v. Long-Bell Lumber Co.Supreme Court of Missouri · 1928
- State Ex Rel. Carroll v. BeckerSupreme Court of Missouri · 1932
- Peak v. TaubmanSupreme Court of Missouri · 1913
- State ex rel. Finch v. DuncanMissouri Court of Appeals · 1917
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