People v. Stockton & Visalia Railroad
California Supreme Court
Appeal from the District Court of the Fifth Judicial District, County of San Joaquin. This was an information filed by the Attorney General.
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Appeal from the District Court of the Fifth Judicial District, County of San Joaquin. This was an information filed by the Attorney General. The complaint averred that the “ defendants had associated themselves together under the name of the Stockton and Visalia Railroad Company, unlawfully claiming to be a corporation, and by the name aforesaid are unlawfully acting as such pretended corporation, and have without right or authority usurped the franchise and privilege of a corporation.” The complaint then stated the particulars wherein the defendant had failed to comply with the laws in…
1Opinion of the Court
By the Court, Crockett, J.:
Waiving the question whether this proceeding was properly instituted against the defendant by its corporate name, or should have been brought against the individuals assuming to exercise corporate powers, we proceed to inquire whether, on the facts established at the trial, the defendant was duly incorporated and is entitled to exercise corporate powers.
Its authority to act as a corporation is assailed on the ground, first, that the affidavit annexed to the certificate of incorporation omits to state that ten per cent of the amount subscribed had been paid in cash…
Also in this document: Concurrence.
2Cases cited2 opinions
- Mokelumne Hill Canal & Mining Co. v. WoodburyCalifornia Supreme Court · 1859
- People v. ChambersCalifornia Supreme Court · 1871
3Cited by8 opinions
- People v. Montecito Water Co.California Supreme Court · 1893
- Dunlap v. WhitmerSupreme Court of Louisiana · 1913
- Furlong v. JohnstonAppellate Division of the Supreme Court of the State of New York · 1924
- Hewitt Rubber Co. v. CommissionerUnited States Board of Tax Appeals · 1925
- People v. SelfridgeCalifornia Supreme Court · 1877
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