Plaintiff, a private citizen, brought a civil action for forfeiture of defendant's corporate franchise, alleging a violation of the Minnesota anti-trust statute. In addition to penal sanctions, the statute provided that any corporation violating its provisions "shall forfeit all of its corporate franchises," and, further, that any citizen may enforce the statute. Defendant contended that proceedings under this statute, a part of the criminal code, were criminal, and that a private citizen could not conduct a criminal prosecution. Held, forfeiture of a corporate charter is a civil consequence of violating the criminal statute; thus, a criminal conviction is not a condition precedent to judgment of forfeiture, and plaintiff was qualified to conduct charter forfeiture proceedings. The complaint was dismissed, however, on the ground that quo warranto, rather than a civil action, should be employed by a private citizen. Miller v. Minneapolis Underwriters Ass'n., Inc., (Minn. 1948) 33 N.W. (2d) 48.
James A. Sprunk S. Ed.,
CORPORATIONS-FORFEITURE OF CHARTER-CRIMINAL ACT AS A GROUND THEREFOR,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol47/iss5/14