98 P. 1134 | Kan. | 1908
This is an original action in quo warranto. The defendant is alleged to be a pretended corporation doing business in the city of Galena by virtue of a charter issued by the state of Kansas. It is alleged that this pretended corporation was ostensibly organized for the purpose of conducting a burial-insurance business, by issuing certificates or contracts agreeing to pay certain sums of'money upon the death of holders of such certificates or to pay for the expense of burial of such holders in case of their death; that it has issued a large number of certificates and makes assessments thereon, and has failed to comply with
The answer admits all of the allegations of the petition, except that it denies that the defendant fails to comply with the provisions of its burial certificates or that it has made or is issuing them for a fraudulent purpose.
No brief has been filed nor evidence taken on behalf of the defendant. The evidence introduced by the state supports all of the allegations of the petition. Under the authority of The State v. Burial Association, 73 Kan. 179, 84 Pac. 757, a judgment of ouster is entered as prayed for.