Section 27 Factors Affecting Discretion

• Library: Remedies 2006

Further, when the action is ex officio to protect the public against usurpation by a private corporation and the court finds that a judgment of ouster is required, the court still exercises a wide discretion as to whether its judgment will be absolute ouster or whether ouster will be stayed on the payment of a fine by the respondent private corporation. This fine may vary greatly in the discretion of the court—from:

• $2,090,000 against 122 respondents ranging from $10,000 to $132,000 for each respondent in State on inf. Taylor v. American Insurance Co., 200 S.W.2d 1 (Mo. banc 1946); and

• $50,000 each against two respondents in State ex inf. Dalton v. Riss & Co., 335 S.W.2d 118 (Mo. banc 1960); to

• $1 in State ex inf. McKittrick v. Globe-Democrat Publishing Co., 110 S.W.2d 705 (Mo. banc 1937)

The good faith or bad faith of the respondent, the civil or criminal nature of the respondent’s violation, the seriousness of any criminal acts involved, and many other factors are taken into account by the court in exercising its discretion. See:

• State ex inf. Huffman v. Sho-Me Power Coop., 191 S.W.2d 971 (Mo. banc 1946)

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