State ex rel. Coleman v. Inner Belt Railway Co.

Citations

• 74 Kan. 413
• 87 P. 696
• 1906 Kan. LEXIS 81

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Corporations — Ouster Proceeding — Parties. “For the purpose of procuring a decree enjoining a corporation from acting as such on the ground of the nullity of its organization it is not necessary that the individual corporators or officers of the company be made defendants and process be served upon them as such; but the state by which the corporate authority was granted is the proper party to bring such an action, through its proper officer, and it is well brought when brought against the corporation alone.” (New Orleans Debenture &c. Co. v. Louisiana, 180 U. S. 320, 21 Sup. Ct. 378, 45 L. Ed. 550.)</p> <p>2. Supreme Court — Jurisdiction in Ouster Proceeding — Restraining Order. In such an action by the state the supreme court, upon decreeing the incorporation null and void and ousting the corporation from the exercise of corporate power, may make such order restraining the officers, directors, stockholders and others assuming to act by virtue of their official relation to the corporation or by the authority or power thereof as may be necessary to make the decree of ouster effective.</p> <p>3. —-- Injunction — Original Jurisdiction. In such a case the supreme court has no jurisdiction to grant an injunction against another corporation or individual to protect the rights of a third person or corporation.</p>