State ex rel. Mitchell v. Sage Stores Co.

*405The opinion of the court was delivered by

Wedell, J.:

This is an original action in quo warranto, instituted by the state on the relation of the attorney general, to oust the defendant, The Sage Stores Company, a Kansas corporation, chartered to transact a general mercantile business, from doing business in this state on the ground it is unlawfully keeping for sale and selling a “filled-milk” product under the trade names of Milnot and Carolene. The product is manufactured and distributed by defendant Carolene Products Company, a Michigan corporation.

Plaintiff’s amended petition alleged the…