State ex rel. Whitcomb v. Lockerby
Supreme Court of Minnesota
Application to this court June 4, 1894, by George R. Whitcomb, Carman N. Smith and eight others, relators, for leave to file an information in the nature of quo warranto against W. E. Lockerby and S. A. Locke for intruding into and usurping the offices of directors, president and vice-president of the Northern Shadecloth Co., a corporation created under 1878 G. S. ch. 34, Title 2. Their verified petition stated that two of the seven directors of the corporation having sold…
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Application to this court June 4, 1894, by George R. Whitcomb, Carman N. Smith and eight others, relators, for leave to file an information in the nature of quo warranto against W. E. Lockerby and S. A. Locke for intruding into and usurping the offices of directors, president and vice-president of the Northern Shadecloth Co., a corporation created under 1878 G. S. ch. 34, Title 2. Their verified petition stated that two of the seven directors of the corporation having sold their stock resigned as such officers and at a subsequent special meeting of the stockholders one faction voted for the…
1Opinion of the CourtCanty, J.
This is an application for leave to file an information in the nature of quo warranto, by some of the alleged stockholders and officers of a private corporation, to try the right of some others to hold certain offices in the corporation. In the case of State v. Dowlan, 33 Minn. 538, (24 N.W. 188,) it was held by this court: “We are agreed that the granting of leave to file an information, especially upon the application of a private person, is within the discretion of the court, and that leave ought not to be granted where the law furnishes another remedy, unless under special and exceptional…
2Cases cited2 opinions
- State ex rel. Simpson v. DowlanSupreme Court of Minnesota · 1885
- Gates v. EgeSupreme Court of Minnesota · 1894
3Cited by3 opinions
- State ex rel. Young v. Village of KentSupreme Court of Minnesota · 1905
- State ex rel. Whitcomb v. OtisSupreme Court of Minnesota · 1894
- Gates v. EgeSupreme Court of Minnesota · 1894