People v. Selfridge
California Supreme Court
Appeal from the District Court, Fifteenth Judicial District, City and Cc/unty of San Francisco. On the 2nd day of March, 1876, the defendants filed in the office of the Clerk of the City and County of San Francisco, articles of incorporation under the name of the “ Pacific Homeopathic Medical Society of the State of California.”
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Appeal from the District Court, Fifteenth Judicial District, City and Cc/unty of San Francisco. On the 2nd day of March, 1876, the defendants filed in the office of the Clerk of the City and County of San Francisco, articles of incorporation under the name of the “ Pacific Homeopathic Medical Society of the State of California.” On the next day, a certified copy of said articles was filed in the office of the Secretary of State, and. the Secretary issued to the defendants a certificate that a copy of the articles containing the required statement of facts had been filed in his office. Upon…
1Opinion of the Court
All that is required is a substantial compliance with the statute. (People v. 8. & V. P. P. Co. 45 Cal. 313; Spring Valley W. TV. v. San Francisco, 22 Cal. 440.)
The certificate of the Secretary of State (fol. 5) is conclusive upon the plaintiff. Until that has been vacated by proper proceedings the defendants cannot be charged with any usurpation of a “ franchise.”
A mere “ claim ” to have a “ franchise,” or an “ intention ” to exercise corporate powers, will not warrant the proceedings taken in this case. There must be a “ user ” and exercise of the franchise, or some. “ act”, by the…
2Cases cited10 opinions
- People ex rel. Bishop v. Kingston & Middletown Turnpike Road Co.New York Supreme Court · 1840
- Spring Valley Water Works v. San FranciscoCalifornia Supreme Court · 1863
- Mokelumne Hill Canal & Mining Co. v. WoodburyCalifornia Supreme Court · 1859
- Williams v. Franklin Township Academical Ass'nIndiana Supreme Court · 1866
- People v. Stockton & Visalia RailroadCalifornia Supreme Court · 1873
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3Cited by8 opinions
- Spring Valley Water Works v. SchottlerCalifornia Supreme Court · 1882
- People v. Montecito Water Co.California Supreme Court · 1893
- People v. Reclamation District No. 136California Supreme Court · 1898
- Bates v. WilsonSupreme Court of Colorado · 1890
- Los Angeles Holiness Band v. SpiresCalifornia Supreme Court · 1899
3 more not listed; retrieve them via the Exa API.