People ex rel. Loy v. Mount Shasta Mfg. Co.

Citations

• 107 Cal. 256
• 40 P. 391
• 1895 Cal. LEXIS 742

Syllabus

<p>Corporations—Organization of Manufacturing Company—Power as to Railroads and Tramways—Eminent Domain.—The articles of incorporation of a manufacturing company formed to own and run a sawmill, and to manufacture lumber and articles made of wood, are not vitiated by including therein power to operate, construct, maintain, and deal in railroads, tramways, and rights of way, it being frequently necessary in such business to have tramways and railroads as part of the manufacturing plant, though such a corporation could not exercise the right of eminent domain to acquire rights of way.</p> <p>Id.—Quo Warranto—Functions of Railroad Corporation—Pleading —Demurrer.—An information in the nature of a quo warranto seeking to have it adjudged that such manufacturing corporation is exercising the corporate functions of a railroad corporation without right, not being constituted as the code requires of every railroad corporation, does not state a cause of action, and a demurrer thereto is properly sustained.</p> <p>Id.—Refusal to Allow Amendment.—It is generally a matter of absolute right to allow the plaintiff to amend his complaint; but it may be refused if the court is able to see that the complaint cannot be so amended as to state a good cause of action.</p>