Opinion
No. 19624
Decided May 11, 1926.
Quo warranto — Corporations — Ouster from continuance of offensive conduct or exercise of unauthorized acts — Ouster from corporate franchise — Permitting and participating in gambling.
IN QUO WARRANTO.
Mr. C.C. Crabbe, attorney general, and Mr. W.E. Benoy, for plaintiff.
Messrs. Williams, Ragland, Dixon Murphy, for defendant.
This matter is submitted upon a demurrer to the petition in quo warranto, and the petition is almost identical in its allegations with the petition in State ex rel. v. Thistledown Jockey Club, No. 19549, 114 Ohio St. 582, 151 N.E. 709. recently decided by this court. The demurrer challenges the sufficiency of the petition on the question of the acts of the defendant amounting to violation of gambling laws, and also whether quo warranto will lie in such cases. The petition very fully and with some prolixity states a violation of the laws of the state against gambling, and the demurrer admits the truth of those allegations, and the demurrer must therefore be overruled upon the authority of State ex rel. v. Thistledown Jockey Club, No. 19549, supra. Demurrer overruled.
MARSHALL, C.J., JONES, MATTHIAS, DAY, ALLEN, KINKADE and ROBINSON, JJ., concur.