Dannebroge Gold Quartz Mining Co. v. Allment
California Supreme Court
Appeal from the District Court, Tenth Judicial District, Yuba County. The defendant Aliment, on the 21st day of May, 1863, recovered judgment in the District Court of Yuba County, against H. Harris & Co., for the sum of eleven hundred and forty dollars and ten cents, and on the 4th day of June, 1863, procured an execution to be issued on the same, which was placed in the hands of defendant Barrett, who was Sheriff of Yuba County.
Read the full summary
Appeal from the District Court, Tenth Judicial District, Yuba County. The defendant Aliment, on the 21st day of May, 1863, recovered judgment in the District Court of Yuba County, against H. Harris & Co., for the sum of eleven hundred and forty dollars and ten cents, and on the 4th day of June, 1863, procured an execution to be issued on the same, which was placed in the hands of defendant Barrett, who was Sheriff of Yuba County. Barrett, by virtue of the execution, levied upon—as the property of Harris & Co.—a mineral lode or vein in Brown’s Valley, Yuba County, formerly known as the…
1Opinion of the Court
By the Court, Sanderson, C. J.
The Court below erred in excluding the certificate of incorporation and accompanying evidence. The sixth section of the Act concerning incorporations, as amended in 1862, (Statutes, of 1862, p. 110,) provides “ that the question of the due incorporation of any company claiming in good faith to be a corporation under the laws of this State, and doing business as such corporation, or of its right to exercise corporate powers, shall not be inquired into, collaterally, in any private suit to which such de facto corporation may be a party; but such inquiry may be had…
2Cited by5 opinions
- People v. FrankCalifornia Supreme Court · 1865
- Oroville & Va. R.R. v. Supervisors of Plumas Cty.California Supreme Court · 1869
- People v. HagarCalifornia Supreme Court · 1877
- Pacific Bank v. De RoCalifornia Supreme Court · 1869
- Society Perun v. ClevelandOhio Supreme Court · 1885