State Ex Rel. Benson v. Lakewood Cemetery

Julius J. Olson, Justice.

The state appeals from an adverse judgment. These proceedings in quo warranto were brought at the instance of the attorney general. The relief sought was to restrain defendant, a public cemetery association, from engaging in business activities for profit, which activities are claimed to be beyond the powers conferred upon it by our statutes.

In view of the public interest involved and the care and thoroughness evidenced in briefs of counsel for the respective parties, we deem it essential that a rather complete statement of the facts as found by the court be made. '

Def…