McCallion v. Hibernia Savings & Loan Society

Citations

• 70 Cal. 163
• 12 P. 114
• 1886 Cal. LEXIS 752

Syllabus

<p>Unincorporated Association — Removal of Officers—Rights of Seceding Members. —Where the laws governing a voluntary unincorporated association provide a remedy within the association for any offense committed by its officers, no opposition by the officers to the authority under which they act in the performance of their functions, nor irregularity in the performance thereof, will authorize a part of the members of the association to secede for the purpose of expelling its regularly elected officers, declaring their offices vacant, and constituting themselves successors.</p> <p>Corporation—Defective Certificate of Incorporation—Evidence.— A document purporting to be a certificate of incorporation, which is legally defective for want of conformity to the statutory requirements, is not proof of a corporation in esse.</p> <p>Action ■—Attempt to Compromise — Effect of. —The rights of the parties to an action are not affected by an attempt and failure to compromise the litigation, irrespective of the cause which produced the failure.</p>