State ex rel. Brewster v. Combination Oil & Gas Co.

Citations

• 105 Kan. 340
• 182 P. 547
• 1919 Kan. LEXIS 80

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Quo Warranto — Corporation — Misconduct of. Directors- — -Partial Ouster. Courts proceed with caution in declaring a forfeiture of the privileges and corporate capacity of a corporation, and where innocent owners of the property, as well as the public, would sustain severe losses from dissolution, and the purposes of the law can be subserved by a partial ouster, the latter will be adjudged.</p> <p>2. Same. In a proceeding in quo warranto in which a corporation is charged with abuses of the franchises granted to it, and with unlawful practices by its board of directors, the charges are found to be in part sustained, and, exercising the discretion vested in the court, it is adjudged that there be a partial ouster by the prohibition of the abuses and unlawful practices and the selection of efficient and law-observing directors.</p> <p>3. Same — Costs Adjudicated. The costs of the proceeding cannot be adjudged against persons not before the court.</p>