State ex rel. Attorney General v. Simmons Hardware Co.
Supreme Court of Missouri
Quo Warranto. This is an information in the nature of a quo warranto on the relation of the attorney general, against the defendant, charging it with an unlawful exercise of its corporate franchises. The proceeding is grounded upon the act of the general assembly of Missouri of 1889 “for the punishment of pools, trusts and conspiracies and as to evidence in such cases.”
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Quo Warranto. This is an information in the nature of a quo warranto on the relation of the attorney general, against the defendant, charging it with an unlawful exercise of its corporate franchises. The proceeding is grounded upon the act of the general assembly of Missouri of 1889 “for the punishment of pools, trusts and conspiracies and as to evidence in such cases.” The information presents two distinct states of facts for the action of the court, upon each of which, it is claimed, a forfeiture of defendant’s franchise as a corporation should be adjudged, viz.: First. It is charged that…
1Opinion of the CourtBarclay, J.
This case involves the constitutionality of that section or part of the act of 1889 for the-punishment of pools, trusts, etc. (Sess. Acts, 1889, p. 97, sec. 6), which requires the president, secretary, treasurer or a director of an incorporated company to-make answer under oath as to whether that corporation “has merged all or any^part of its business or interest in or with any trust, combination or association of persons or stockholders as named in the preceding. *123provisions” of 'that act. As now submitted, the case presents that issue alone.
A motion for judgment on the pleadings, after…
2Cases cited3 opinions
- Boyd v. United StatesSupreme Court of the United States · 1886
- Counselman v. HitchcockSupreme Court of the United States · 1892
- Emery's caseMassachusetts Supreme Judicial Court · 1871
3Cited by42 opinions
- State v. HeightSupreme Court of Iowa · 1902
- State v. YoungSupreme Court of Missouri · 1894
- State v. FaulknerSupreme Court of Missouri · 1903
- Edelstein v. United StatesCourt of Appeals for the Eighth Circuit · 1906
- Imboden v. PeopleSupreme Court of Colorado · 1907
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