State ex rel. Summers v. Uridil
| Citation | 55 N.W. 1072,37 Neb. 371 |
| Parties | STATE EX REL. SUMMERS, ACTING ATTORNEY GENERAL, v. URIDIL ET AL. |
| Decision Date | 29 June 1893 |
| Court | Nebraska Supreme Court |
1. An order incorporating a village is void, when it is obtained from the county board by means of a paper purporting to be a petition signed by a majority of the taxable inhabitants of the territory sought to be incorporated, but the signatures attached to which were not by the signers thereto appended, but were given for some other purpose, and fraudulently thereto attached.
2. Quo warranto is the proper remedy to oust persons who are exercising the powers of corporate officers, when the corporation has no legal existence.
Commissioners' decision.
Original action in quo warranto, in the name of the state, at the relation of W. S. Summers, acting attorney general, against V. J. Uridil and others, to try the validity of the incorporation of the village of Abie, and defendants' title to the office of trustees of said village. Judgment for plaintiff.W. S. Summers, Deputy and Acting Atty. Gen., Frick & Dolezal, and S. H. Steele, for relator.
This is an information in the nature of quo warranto, alleging that the respondents, conspiring to usurp the franchise and power to license the traffic in intoxicating liquors, and enjoy its revenue, in a place in Butler county known as “Abie,” procured upon a piece of paper the signatures of certain persons, and thereafter made a writing in the form of a petition, praying for the incorporation, as a village, of said place of Abie, and fraudulently attached said signatures to said writing, making the same falsely to appear as a petition, in due form, by a majority of the taxable inhabitants of said Abie, for incorporation as a village; that they presented that paper to the board of supervisiors of Butler county, and that certain of the respondents appeared before said board, and falsely swore that said place of Abie contained more than 200, and less than 1,500, inhabitants, whereas, in fact, said place contained, in all, not more than 70 inhabitants. The information further alleges that by such means the respondents fraudulently procured the county board to make an order pretending to incorporate said place of Abie as a village, and appointing the respondents as a board of trustees of said village, and that the respondents have, ever since said proceedings, unlawfully and fraudulently usurped and exercised the franchise and corporate...
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