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STATE EX REL. CITY B. & T. CO. v. MARSHALL & I. B.

4 Wis.2d 315 (1958)

STATE EX REL. CITY BANK & TRUST COMPANY and others, Appellants, vs. MARSHALL & ILSLEY BANK, Respondent.

Supreme Court of Wisconsin.

June 3, 1958.

Attorney(s) appearing for the Case

For the appellants there were briefs and oral argument by A. W. Schutz of Milwaukee.

For the respondent there was a brief by Quarles, Herriott & Clemons, attorneys, and Maxwell H. Herriott, William K. McKibbage, and Churchill, Duback & Churchill of counsel, and oral argument by Maxwell H. Herriott and William H. Churchill, Jr., all of Milwaukee.

WINGERT, J.

The court is of opinion that the demurrer should have been overruled, and that therefore the judgment dismissing the action must be reversed.

1. Propriety of remedy in quo warranto. Sec. 294.04 (1) (a), Stats., authorizes an action of quo warranto "when any person shall usurp, intrude into, or unlawfully hold or exercise . . . any franchise within this state." In the present action no attack is made upon the defendant's right to exist...

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