People Ex Rel. Weatherly v. Golden Gate Lodge No. 6
California Supreme Court
The facts are stated in the opinion of the court. W. F. Fitzgerald, Attorney General, Tirey L. Ford, Successor, Percy V. Long, Thomas A. McGowan, George E. De Golia, and F. H. Smithson, for Appellant. The articles of incorporation must have been subscribed and acknowledged by at least five incorporators, to make a corporation de jure. (Civ. Code, sec. 292; People v. Montecito Water Co., 97 Cal. 276; 33 Am.
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The facts are stated in the opinion of the court. W. F. Fitzgerald, Attorney General, Tirey L. Ford, Successor, Percy V. Long, Thomas A. McGowan, George E. De Golia, and F. H. Smithson, for Appellant. The articles of incorporation must have been subscribed and acknowledged by at least five incorporators, to make a corporation de jure. (Civ. Code, sec. 292; People v. Montecito Water Co., 97 Cal. 276; 33 Am. St. Rep. 172; Doyle v. Mizner, 43 Mich. 332; McCallion v. Hibernia Sav. etc. Soc., 70 Cal. 163.) There must be a substantial compliance with all of the requirements of the law to prove a…
1Opinion of the Court
COOPER, C.
This action is brought by the attorney general in the name of the people of the state, under section 803 of the Code of Civil Procedure, for the purpose of having it adjudged that the defendants usurp and unlawfully exercise the franchise of a corporation, and to enjoin them from so -doing. The court below filed findings and ordered judgment for defendants. This appeal is from the judgment and comes here on the judgment-roll. The object of the action is to determine the question as to whether there has been a valid incorporation of “Golden Gate Lodge No. 6 of the Benevolent Order of…
2Cases cited5 opinions
- Gleason v. SprayCalifornia Supreme Court · 1889
- People v. Montecito Water Co.California Supreme Court · 1893
- City of San Diego v. GrannissCalifornia Supreme Court · 1888
- People v. SelfridgeCalifornia Supreme Court · 1877
- People v. Stockton & Visalia RailroadCalifornia Supreme Court · 1873
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- Boca & Loyalton Railroad v. Sierra Valleys RailroadCalifornia Court of Appeal · 1905