Hawley v. Bonanza Queen Mining Co.

Citations

• 61 Wash. 90
• 111 P. 1073
• 1910 Wash. LEXIS 1289

Syllabus

<p>■ Corporations — Dissolution—Actions—Abatement and Revival. An action, whether at law or in equity, against a corporation abates upon the loss, pendente lite, of its franchise by having its name stricken from the records of the secretary of state for failure to pay its annual license fee, pursuant to Rem. & Bal. Code, § 3715, and failure to apply for a reinstatement pursuant to Id., § 3715a, where its receiver or trustees are not substituted as parties.</p> <p>Corporations — Dissolution—License Fees — Constitutional Law —Legislative Power — Encroachment on Judiciary. Rem. & Bal. Code, § 3715, providing that the names of corporations shall be stricken from the records of the secretary of state, and the corporation dissolved for failure to pay the annual license fees unless reinstated, under § 3715a, is not unconstitutional on the theory that a forfeiture of corporate franchises cannot be decreed except by a court of competent jurisdiction.</p> <p>Same — Contract Rights — Parties—Creditors. Rem. & Bal. Code, §§ 3715 and 3715a, providing for the forfeiture of corporate franchises for the nonpayment of annual license fees violates no contract rights of creditors of the corporation; since they are not parties to the contract between the state and the corporation or its stockholders, and still have a remedy against its assets.</p>