Legal Opinion

Brewster v. Hartley

California Supreme Court

Decided July 1, 1869PublishedCited by 58 opinions

Appeal from the District Court, Eleventh Judicial District, El Dorado County. In 1862 a corporation was formed, called the Placerville and Sacramento Valley Railroad Company. On the 21st day of August, 1865, the corporation was indebted to Wells, Fargo & Co. in the sum of two hundred and sixty-eight thousand dollars for money advanced.

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Appeal from the District Court, Eleventh Judicial District, El Dorado County. In 1862 a corporation was formed, called the Placerville and Sacramento Valley Railroad Company. On the 21st day of August, 1865, the corporation was indebted to Wells, Fargo & Co. in the sum of two hundred and sixty-eight thousand dollars for money advanced. On said day the Board of Directors of said corporation passed the following resolution: • “ F. A. Bishop moved that ten thousand shares of the capital stock of the Placerville and Sacramento Valley Bail-road Company be issued to Louis McLane, as trustee for…

1Opinion of the Court

By the Court, Rhodes, J.:

I. The point that the proceeding is without authority of law is based upon a typographical error in the statutes of 1851, p. 443, Sec. 31. It appears from that section, as printed, that the whole Act of 1850, concerning corporations, was repealed; but the Act, as enrolled, shows that only Chapter III of the Act of 1850 was repealed. Chapter I of that Act, which includes the section under which the proceeding was instituted, was left in full force.

II. The proceeding is clearly of a judicial character. The controversy was heard and determined by the Judge in his…

2Cases cited7 opinions

  1. Wilson v. . LittleNew York Court of Appeals · 1849
  2. Jewett v. WarrenMassachusetts Supreme Judicial Court · 1815
  3. Ex parte HolmesNew York Supreme Court · 1826
  4. Dewey v. BowmanCalifornia Supreme Court · 1857
  5. In re BarkerNew York Supreme Court · 1831

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3Cited by58 opinions

  1. Smith v. San Francisco & North Pacific Railway Co.California Supreme Court · 1897
  2. Brooks v. StateSupreme Court of Delaware · 1911
  3. Bastanchury v. Times-Mirror Co.California Court of Appeal · 1945
  4. People ex rel. Arkansas Valley Sugar Beet & Irrigated Land Co. v. BurkeSupreme Court of Colorado · 1923
  5. Hutchins v. City of Des MoinesSupreme Court of Iowa · 1916

53 more not listed; retrieve them via the Exa API.

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