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;…
1DissentRoberts, J.
In setting forth the reasons for my dissent I deem it advisable to state the facts more fully than they are set forth in the majority opinion.
On the 16th day of March 1914, there was filed in the office of the clerk of the district court of Bernalillo county a petition for leave to file information in the nature of quo warranto. The petition was entitled “In the matter of the petition of the Northwestern Colonization & Improvement Company of Chihuahua for leave to file information in the nature of quo warranto,” and recited:
“Comes now the Northwestern Colonization & Improvement Company of…
2Cases cited11 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Harkness v. HydeSupreme Court of the United States · 1879
- Cadwell v. HigginbothamNew Mexico Supreme Court · 1915
- 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
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