State ex rel. Jackson v. William J. Lemp Brewing Co.
Supreme Court of Kansas
Original proceeding in quo warranto. STATEMENT. This is an action in quo warranto to oust the defendant from exercising corporate franchises in this state.
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Original proceeding in quo warranto. STATEMENT. This is an action in quo warranto to oust the defendant from exercising corporate franchises in this state. It is alleged in the petition that the defendant is engaged in business in this state without any permission from the charter board, and that without any authority therefor it is engaged in the unlawful sale of intoxicating liquors and in maintaining places where such liquors are sold and delivered, and in assisting others in keeping such places, in violation of the laws of this state. The defendant is a Missouri corporation, organized to…
1Opinion of the Court
The opinion of the court was delivered by
Benson, J.:
The defendant excepted to the finding that the conveyance to Edwin A. Lemp was made to evade responsibility for violations of law. The recital of the proceedings of the corporate meeting at which the transfer was ordered and the course of business of the defendant in the state appear to warrant the inference. The property was used after the conveyance *709precisely as it had been used before—for the sale of the beer received from the defendant; and the defendant’s bar fixtures were used 'in the various places just as they were used before—to…
2Cases cited3 opinions
- Delamater v. South DakotaSupreme Court of the United States · 1907
- Phillips v. City of MobileSupreme Court of the United States · 1908
- State v. HickoxSupreme Court of Kansas · 1902
3Cited by3 opinions
- Matter of Application of AnixterCalifornia Supreme Court · 1914
- Kirkpatrick v. StateSupreme Court of Georgia · 1912
- State v. DroppoSupreme Court of Minnesota · 1914