State ex rel. Walker v. Corkins
Supreme Court of Missouri
Quo Warranto. (1) Quo warranto is tbe proper remedy when persons have usurped or are unlawfully exercising tbe franchises of a corporation. R. S. 1889, sec. 7390; St. Louis v. Shields, 67 Mo. 247; Cooley on Const. Lira. [3 Ed.] sec. 254. (2) Section 7390, supra, confers express authority upon the attorney general to institute such proceedings in the supreme court, and it is not necessary to obtain the consent of the court before filing the information.
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Quo Warranto. (1) Quo warranto is tbe proper remedy when persons have usurped or are unlawfully exercising tbe franchises of a corporation. R. S. 1889, sec. 7390; St. Louis v. Shields, 67 Mo. 247; Cooley on Const. Lira. [3 Ed.] sec. 254. (2) Section 7390, supra, confers express authority upon the attorney general to institute such proceedings in the supreme court, and it is not necessary to obtain the consent of the court before filing the information. State ex rel. v. Bose, 84 Mo. 198; State ex rel. v. Vail, 53 Mo. 97. (3) Theinformation is properly directed against the persons usurping the…
1Opinion of the CourtMacearlane, J.
— This is an original proceeding in the nature of a quo warranto against respondents as the officers who assume to manage the affairs of what they claim, to be a corporation organized under the laws of the state of Missouri. The petition or information is as. follows:
“Now comes R. F. Walker, attorney general for the state of Missouri and states that the above named defendants on the first day of November, 1892, deposited articles of agreement with the secretary *61of state for the purpose of securing a certificate of incorporation for a company to he named and styled the Pettis County Investment…
2Cited by9 opinions
- Carr v. Pacific Mutual Life InsuranceMissouri Court of Appeals · 1903
- State Ex Inf. Dalton Ex Rel. Holekamp v. Holekamp Lumber Co.Supreme Court of Missouri · 1960
- State ex rel. Union Electric Light & Power Co. v. GrimmSupreme Court of Missouri · 1909
- Brown v. Louisiana & Missouri River RailroadSupreme Court of Missouri · 1914
- Sylvester Watts Smyth Realty Co. v. American Surety Co.Supreme Court of Missouri · 1922
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