State Ex Inf. North Todd Gentry v. American Can Co.

WHITE, J.-

This proceeding in quo warranto, begun by the Attorney-General, has for its purpose to oust respondent from its corporate franchises and to declare the same forfeited, the petition alleging non-user.

The petition of relator was lodged with the clerk of this court December 2, 1925, but for some reason was not marked “Filed” until December 11, 1925. The respondent, March 10, 1926, filed return, denying the allegations of the petition, except such as it specifically admitted to be true; alleged compliance with the statute in filing reports ; that the State of Missouri is estopped to…