State Ex Rel. Fatzer v. Zale Jewelry Co. of Wichita, Inc.

The opinion of the court was delivered by

Smith, C. J.:

This is an original action in quo warranto brought by the state on the relation of the attorney general wherein the state asks that the defendant corporation be ousted from engaging in the practice of optometry. Plaintiff also asks that the charter of the corporation be forfeited and a receiver appointed. Our commissioner found in favor of the defendant. The state asks us to read the record and make findings of fact and conclusions of law in its favor. The cause has been submitted on the merits.

The petition alleged that Zale was a…