Stockton & Linden Gravel Road Co. v. Stockton & Copperopolis Railroad
California Supreme Court
Appeal from the District Court of the Fifth Judicial District, County of San Joaquin. The plaintiff claimed to be a corporation formed under the “Act to authorize the formation of corporations for the construction of plank or turnpike roads,” approved May 12th, 1858. Twelve persons, on the 19th day of March, 1869, signed the notice to organize a company under said Act, to construct a road in the County of San Joaquin, from the junction of the road known as the Mokelumne Hill…
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Appeal from the District Court of the Fifth Judicial District, County of San Joaquin. The plaintiff claimed to be a corporation formed under the “Act to authorize the formation of corporations for the construction of plank or turnpike roads,” approved May 12th, 1858. Twelve persons, on the 19th day of March, 1869, signed the notice to organize a company under said Act, to construct a road in the County of San Joaquin, from the junction of the road known as the Mokelumne Hill Eoad with East street, on the environs of the City of Stockton, to the Village of Linden, a distance of twelve miles.…
1Opinion of the Court
By the Court:
The plaintiff was a corporation de facto at all events, and, as such, was in the undisputed possession and control of the road running along East street and Weber Avenue, under the grant it obtained from the Board of Supervisors of San Joaquin County, pursuant to the provisions of the Act of March 14th, 1868, enlarging the powers of the Board. In this condition of things the defendant entered upon the road along-Weber Avenue and took it into possession, and now undertakes to defend this action on the ground that the plaintiff was not a corporation de jure, nor de jure entitled to…
2Cited by7 opinions
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