The Montgomery advertiser., 1904-11-01
Head-N Notes Of the Decisions
 @ Alabama Supreme Court

| . 4- N THE STATE. ex rel. SCOTT vs. UNrTEI STATES ENDOWMENT AND TRUST COMPANY. Proceedings in the nature of quo war. ranto to vacate charter of corpora.
 tion--Appeal from the City Court of Anniston. r
 i. Quo warranto; not necessary foI appeal to be in writing.--In making an | application for an appeal from judg- ment rendered in a quo warranto pro. ceeding, 1t Is not necessary that such application should be in writing.
 2 Same; when appeal perfected; withholding citation of appeal does not constitute abandonment of appeal An appeal from a Judgment or decree rendered In a quo warranto prcceeding is perfected and completed when securi- ty for costs Is filed with and approved by the clerk within the time prescrib- ed by the statute within which an ap- peal must be taken Code Sec. 3437); and the fact that after such security for costs has been approved within the
 time prescribed, the clerk of the court. in accordance with the directions of the appellants attorney. withdraws the citation of appeal from the hands of the sheriff. and withholds 1t until after the expiration of the time prescribed for the appeal to be taken. does not operate as an abandonment of the appeal.
 S. Quo warranto to vacate charter of corporation; who may Institute pro- ceedings.7-Under the statute providing for the institution of proceedings in the nature of quo warranto to vacate tho charter of a corporation Code Sections 5417. S41s). any person who gives security for costs. approved by ,l. f-at such proceedings.
 4. Forfeiture of charter corporation; when charter vacated. and when ad- dressed to the discretion of court.--If a corporation is found guilty of acts or omissions which are expressly declared to be cause for the forfeiture of its charter, a court has no discretion to refuse a judgment vacating it's char ter but in other instances where a cor poration violates a duty imposed by its charter, or does not comply. with an implied condition resting upon 1t by virtue eof its sacceptance of it's charter, a court is vested with discretion and may refuse a judgment of custer, if. in it's opinion. the Interests of the public do not require such a judgment.
 s. Same: when charter will not be vacated for failure to establish ofiice in this State--Where the charter grant cd to a corporation by special act of the legislature provides, that said cor poration shall maintain its principal of flee in q city in this State, and also provides for the establishment of branch offices in other counties of the State as we'll as in other States, the fact that while said corporation had established an office in the designated city it did not maintain its principal office in said city until two years after its organization, does not constitute a ground for vseating it's charter when it Is shown that its violation of such duty has been without prejudice to any citizens of the State or any other per- son. -
 6. Same: when charter will not be vacated; when failure to make report to auditor.--When a charter granted to a corporation by special act of the legislature provides that the president of said corporation shall make an an- nual report to the Auditor of the State, showing the financial condition of said company. the failure of such corpora tion's president to make an annual re- port the first year of its organization, constitutes no ground for vacating said