Oroville & Va. R.R. v. Supervisors of Plumas Cty.

Citations

• 37 Cal. 354

Syllabus

<p>Denial of Incorpobation in Pleading.—The proviso to the sixth section of the general Incorporation Act, concerning a collateral inquiry into the existence of a corporation, does not preclude a private person, in an action brought against him by a corporation, from denying the existence de jure or de facto of an alleged corporation.</p> <p>Idem.—The mere allegation in a pleading that a party is a corporation does not put its existence as a corporation beyond the reach of inquiry.</p> <p>Proof that Company is a Corporation.—When the right to act as a corporation is denied, the company claiming to be such must show that it claims in good faith to be a corporation under the laws of this State, and is doing business as such corporation.</p> <p>Compliance with Corporation Act.—An attempt to comply with the statute concerning corporations, and a substantial compliance with its provisions, renders a company claiming in good faith to bo a corporation-a corporation de jure.</p> <p>Creating Corporations.—A corporation not a municipal one cannot be created by an Act of the Legislature recognizing its existence. Such corporations can only be created by general laws.</p> <p>Issuing Writ of Mandate.—If a county is compelled by law to subscribe to the stock of a corporation, the corporation must tender its books to the officers of the county and demand the subscription before it can apply for a writ of mandate.</p> <p>Motion to Strike out Parts of Pleading.—A motion to strike out portions of a pleading admits only those averments contained in said portions which are well pleaded.</p> <p>Plea of Fraud.—A plea of fraud should aver the acts constituting the fraud.</p> <p>Fraud in Passing a Law.—An Act of the Legislature cannot be attacked on the ground of fraud.</p> <p>Plea of Another Action Pending.—The pendency of proceedings in quo toarranto against the persons claiming to compose a corporation, to try their right to exercise corporate powers, is no defense to an action for a wr