Smith v. State ex rel. Hamill

— The appellee, on the relation of the prosecuting attorney, commenced this proceeding by filing an information in the nature of a quo warranto under the third subdivision of section 1145, 1 Burns R. S. 1894 (R. S. 1881, section 1131), charging the appellants with acting as a corporation under the name of the Brazil Electric Street Railway Company, without being legally incorporated.

Upon the issues formed, there was a trial by the court, resulting in what the appellants call a special finding of the facts, upon which conclusions of law are stated. There was a judgment of ouster enjoining them…