State ex rel. Denu v. Rapid City Library Ass'n
South Dakota Supreme Court
Appeal from Circuit Court, Pennington County. Hon. Levi McGee, Judge. Action in the nature' of quo warranto by the State of South Dakota, on the relation of Albert R. Denu, Slate’s Attorney for Pennington county, against the Rapid City Library Association, a corporation, to annul its charter for non-user. From a judgment in favor of defendant, and from an order denying a new trial, plaintiff appeals.
Read the full summary
Appeal from Circuit Court, Pennington County. Hon. Levi McGee, Judge. Action in the nature' of quo warranto by the State of South Dakota, on the relation of Albert R. Denu, Slate’s Attorney for Pennington county, against the Rapid City Library Association, a corporation, to annul its charter for non-user. From a judgment in favor of defendant, and from an order denying a new trial, plaintiff appeals. It was a willful misuse of defendant’s charter and usurpation of power when it removed its books and book cases, remodeled the building into a theater and continued thereafter solely as a…
1Opinion of the CourtSmith, J.
[1] This is a proceeding in .the nature of quo warranto in the name of the state against the defendant corporation, seeking to enjoin its officers and agents from exercising corporate rights and franchises and to annul and vacate its charter and articles of incorporation. The complaint also asks the appointment of a receiver for conservation of the corporate property, the payment of debts, and a decree of the court that the corporate assets be devoted to some appropriate use. Article 2 of the charter is as follows: “This'organization is organized for the purpose of opening to the public a…
2Cited by3 opinions
- Morford v. Trustees of the Middletown AcademyCourt of Chancery of Delaware · 1940
- Sheild v. Farm. Un. Co-Op.South Dakota Supreme Court · 1944
- State ex rel. Sheild v. Farmers Union Coop. BrokerageSouth Dakota Supreme Court · 1944