California Savings & Loan Society v. Harris

Citations

• 111 Cal. 133
• 43 P. 525
• 1896 Cal. LEXIS 556

Syllabus

<p>Corporations—Action Respecting! Property—Failure to File Copy oe Articles—Plea in Abatement—Waiver.—A noncompliance with section 299 of the Civil Code requiring every corporation to file in the office of the clerk of any county in which it holds any property a certified copy of the copy of its articles of incorporation filed in the office of the secretary of state, under penalty of not being able to maintain or defend any action or proceeding in relation to such property until such copy be filed, does not impose upon the corporation a loss or forfeiture of its property; nor is a compliance therewith essential to a cause of action, or a jurisdictional element in the suit; but a failure to comply with the statute is merely ground for a plea in abatement, which may he and is waived unless it is affirmatively pleaded.</p> <p>Id.—Filing Copy after Suit, and before Plea—Maintenance of Action.—-Where the properly certified cop)' of the articles of incorporation is filed in the county where the property affected by a suit in favor of the corporation is situated, though such filing be after the commencement of the suit, but before the filing of a plea in abatement of the suit upon the ground that it was not filed, such plea thereafter interposed is unavailing to prevent a further maintenance of the action.</p> <p>Id.—Pleas in Abatement not Favored.—Pleas in abatement are not favored, and are to he strictly construed, and the matter in abatement must exist at the time of filing .of the plea.</p>