In re La Société Francaise d'Epargnes Et De Prevoyance Mutuelle

Citations

• 123 Cal. 525
• 56 P. 458
• 1899 Cal. LEXIS 1112

Syllabus

<p>Corporation—Change of Name by Court—Constitutional Law.—The provisions of the Code of Civil Procedure, sections 1275 to 1279, providing for the change of the names of corporations upon petition to the superior court, is not unconstitutional as delegating legislative power to the judiciary. The legislature cannot itself create a corporation, or change its name by special act; but it may by a general law authorize the corporators who selected the name to petition the superior court for leave to change it.</p> <p>Id.—Construction of Code—Enumeration of Charitable Corporations —General Language—Inclusion of Private Corporations.—Section 1276 of the Code of Civil Procedure, providing that “any religious, benevolent, literary, scientific, or other corporation, or any corporation having for its name, or using or being known by the name of, any benevolent or charitable order or society,” may apply to the superior court for a change of its corporate name, is not to be construed as limiting the terms “or other corporation” to corporations merely of the same kind with those specially enumerated, but the necessity or desirability of a change of name being as likely to occur in the case of a private corporation organized for profit as any other, a change of name is to be considered as permitted to such private corporations by the language of that section.</p> <p>Id.—Petition by Savings Bank—Change of Cumbersome Name.—A petition by a savings bank to change a cumbersome name to one more convenient is within the purview of section 1276 of the Code of Civil Procedure.</p>