Brewster v. Hartley
California Supreme Court
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.
Read the full summary
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 It appears from that section, as printed, that the whole Act of 1850, concerning corporations, was repealed; but the Act, as enrolled, shows that only Chapter III of the Act of 1850 was repealed.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
- Wilson v. . LittleNew York Court of Appeals · 1849
- Jewett v. WarrenMassachusetts Supreme Judicial Court · 1815
- Ex parte HolmesNew York Supreme Court · 1826
- Dewey v. BowmanCalifornia Supreme Court · 1857
- In re BarkerNew York Supreme Court · 1831
2 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- Smith v. San Francisco & North Pacific Railway Co.California Supreme Court · 1897
- Brooks v. StateSupreme Court of Delaware · 1911
- Bastanchury v. Times-Mirror Co.California Court of Appeal · 1945
- People ex rel. Arkansas Valley Sugar Beet & Irrigated Land Co. v. BurkeSupreme Court of Colorado · 1923
- Hutchins v. City of Des MoinesSupreme Court of Iowa · 1916
53 more not listed; retrieve them via the Exa API.