Hastings v. Anacortes Packing Co.

Citations

• 29 Wash. 224
• 69 P. 776
• 1902 Wash. LEXIS 579

Syllabus

<p>CORPORATIONS CITIZENSHIP OWNERSHIP OE STOCK BY ALIENS.</p> <p>A corporation organized and existing under and by virtue of tbe laws of this state, which authorize “any two or more persons” to organize a corporation but nowhere requires that the incorporators, nor the holders of a majority of the capital stock, shall be citizens of the state or of the United States, is not an alien merely because a majority of its capital stock is owned by aliens, but is a domestic corporation.</p> <p>SAME — ■ EISI-IING SITE NOT BEAL ESTATE.</p> <p>The constitutional provision (Art. 2, § 33) prohibiting corporations, the majority of whose stock is held by aliens, from acquiring the ownership of lands in this state places no restriction upon the granting of fishing licenses to such corporations, since the license authorized under our statutes is merely a roving license for a limited period without1 conferring any title to real property.</p> <p>SAME-PLACE OE BUSINESS.</p> <p>The fact that a fishing company had its real and active place of business outside of the state during certain seasons of the year, would not make it a non-resident, where it had otherwise fully complied with the requirements of our corporation. laws, nor would such fact justify the seizure of its fishing site by a stranger.</p> <p>RISKING RIGHTS-CONTEST BETWEEN LOCATORS-PLEADINGS.</p> <p>Where defendant could, under the statute, lawfully operate three fishing sites, a general allegation that it operated more than three is not sufficiently specific to authorize the introduction of evidence showing that any particular one was being unlawfully operated.</p> <p>SAME.</p> <p>An affirmative defense contained in the reply to the effect that defendant had abandoned a fishing site during a certain fishing season was properly overruled, where the issue raised by defendant’s answer was to the effect' that it had maintained its location during such season.</p> <p>SAME-VIOLATION OF STATUTE BY LICENSEE-EFFECT.</p> <p>A private