167 Mo. App. 644 | Mo. Ct. App. | 1912
This case was brought from the circuit court of the city of St. Louis by writ of error issued by the Supreme Court and has been transferred to this court.
The circuit attorney of the city of St. Louis, acting officially, filed an information in the nature of a quo
The only contentions of plaintiff in error are, that the circuit attorney had ho authority to institute the proceeding without some credible person having in writing made complaint to him, etc., and that the circuit court has no jurisdiction of such' a proceeding where the circuit attorney acts ex officio without a third person as relator. Both of these contentions are based on the supposed effect of section 3444 of the Revised Statutes of Missouri, 1909, which relates to corporations of the class to which plaintiff in error belongs. That section declares it to “be the duty of the Attorney-General, or circuit or prosecuting attorney of the proper circuit or county, whenever any credible person shall, in writing, make complaint to him upon affidavit of information and belief,” etc., “to inquire diligently into the grounds of such complaint, and upon reasonable cause shown therefor, to institute proceedings by information in the nature of a quo warranto,