State ex rel. Northwestern Colonization & Improvement Co. v. Huller
New Mexico Supreme Court
Appeal from District Court, Bernalillo County; Raynolds, Judge. ■Quo warranto by tbe state of New Mexico on relation of tbe Northwestern Colonization & Improvement Company of Chihuahua, against Luis Huller and others. Judgment for relator on the pleadings, and defendants appeal. Where the object is to oust individuals from the exer-cise of corporate franchises or against a corporation for usurping a franchise the statute of 9 Anne has no application.
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Appeal from District Court, Bernalillo County; Raynolds, Judge. ■Quo warranto by tbe state of New Mexico on relation of tbe Northwestern Colonization & Improvement Company of Chihuahua, against Luis Huller and others. Judgment for relator on the pleadings, and defendants appeal. Where the object is to oust individuals from the exer-cise of corporate franchises or against a corporation for usurping a franchise the statute of 9 Anne has no application. State ex rel v. Tularosa Ditch, 143 Pac. 207; Rex. v. Oarmatlien, 2 Burrows K. B. R. 869; King v. Ogden, 10 B. & O. 230, 109 Eng. Reprint, 436;…
1Opinion of the Court
OPINION BY THE COURT
HANNA, C. J.,
(after stating the facts as above). We shall consider the assignments of error from the standpoint of the importance of the questions raised, as the order-in which the assignments of error are presented is not the sam-e in the briefs, and tends to confusion.
[1] The first question to be considered is whether an information in the nature of quo warranto is the proper remedy to try the title to office in a private corporation. In this jurisdiction we unfortunately have no statute upon the subject of this remedy and are left entirety to the common-law principles…
2Cases cited15 opinions
- State v. GleasonSupreme Court of Florida · 1868
- Brooks v. StateSupreme Court of Delaware · 1911
- State ex rel. Kansas City v. East Fifth Street Railway Co.Supreme Court of Missouri · 1897
- State ex inf. Jones v. Light & Development Co.Supreme Court of Missouri · 1912
- People ex rel. Jones v. North Chicago Railway Co.Illinois Supreme Court · 1878
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3Cited by12 opinions
- State v. McHorseNew Mexico Court of Appeals · 1973
- Gonzales v. Oil, Chemical & Atomic Workers International UnionNew Mexico Supreme Court · 1966
- State Ex Rel. Valles v. BrownNew Mexico Supreme Court · 1981
- Guthrie v. Threlkeld Co.New Mexico Supreme Court · 1948
- Town of Mesilla v. City of Las CrucesNew Mexico Court of Appeals · 1995
7 more not listed; retrieve them via the Exa API.