People ex rel. Beltner v. City of Riverside
California Supreme Court
Appeal from a judgment of the Superior Court of San Bernardino County. The action was in the nature of quo warranto, brought by the attorney general in the name of the people of the State, claiming that the "respondent was usurping the franchise of a municipal corporation. A demurrer to the complaint was sustained, and judgment on demurrer rendered for the defendant. The further facts appear in the opinion of the court.
1Opinion of the CourtSharpstein, J.
The gravamen of the complaint is that the defendant has usurped the franchise to be a corporation ; and, inasmuch as a corporation in this State can exist only by virtue of a compliance with the law which authorizes the creation of a corporate body, the respondent insists that the allegation that it never was incorporated is the equivalent of an allegation that it never existed as a natural person or corporation, and therefore cannot be sued under section 803, Code Civil Proc., which provides that an action may be brought “ against any person who usurps, intrudes into, or unlawfully holds or…
2Cases cited5 opinions
- The People v. . CarpenterNew York Court of Appeals · 1861
- People v. RichardsonNew York Supreme Court · 1825
- People v. Town of NevadaCalifornia Supreme Court · 1856
- State ex rel. Lindholm v. ParkerSupreme Court of Minnesota · 1878
- People ex rel. Schindler v. FlintCalifornia Supreme Court · 1883
3Cited by14 opinions
- People ex rel. Weber v. City of Spring ValleyIllinois Supreme Court · 1889
- State Ex Rel. Reardon, Co. v. ScalesSupreme Court of Oklahoma · 1908
- People v. GunnCalifornia Supreme Court · 1890
- Citizens Utilities Co. v. Superior CourtCalifornia Court of Appeal · 1976
- People ex rel. Attorney-General v. StanfordCalifornia Supreme Court · 1888
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