People v. Bogart
California Supreme Court
Appeal from the District Court of the Fourteenth Judicial District, County of Placer. The plaintiff, ex rel. the Attorney General, commenced this proceeding in May, 1871, to oust “the Ophir Copper, Silver, and Gold Mining Company, of Placer County, California,” from the enjoyment of its franchise, charging in the complaint that under the name of the “ Ophir Copper, Silver, and Gold Mining Company” the defendants had usurped and intruded into certain corporate franchises and…
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Appeal from the District Court of the Fourteenth Judicial District, County of Placer. The plaintiff, ex rel. the Attorney General, commenced this proceeding in May, 1871, to oust “the Ophir Copper, Silver, and Gold Mining Company, of Placer County, California,” from the enjoyment of its franchise, charging in the complaint that under the name of the “ Ophir Copper, Silver, and Gold Mining Company” the defendants had usurped and intruded into certain corporate franchises and corporate powers which they had no right to exercise under that name. The answer denies all the material averments of…
1Opinion of the Court
By the Court:
If the officers of a corporation organized under a particular name, in the exercise of its franchises use an abbreviation of that name, it is not a usurpation, nor will it support a proceeding by quo warranto upon the part of the people to oust them from the enjoyment of those franchises. (People v. Sierra Buttes Q. M. Co., 39 Cal. 514, and cases there cited.)
Judgment and order affirmed.
2Cases cited1 opinion
- People v. Sierra Buttes Quartz Mining Co.California Supreme Court · 1870