People v. La Rue

Citations

• 67 Cal. 526
• 8 P. 84
• 1885 Cal. LEXIS 690

Syllabus

<p>Swamp Lands—Reclamation Disteict—Public Cobpoeation.—A swamp land reclamation district is a public corporation for municipal purposes.</p> <p>Id.—De Facto Cobpoeation—Legality of its Acts.—A corporation de facto may legally do and perform every act aud thing which the same entity could do or perform were it a de jure corporation. As to all the world, except the paramount authority under which it acts and from which it receives its charter, it occupies the same position as though in all respects valid, and even as against the State, except in direct proceedings to arrest its usurpation of power, its acts are binding.</p> <p>Id.—Reobganization—Legality of Obiginal Disteiots. — Swamp land levee and reclamation districts de facto, acting as such in good faith and under an attempted compliance with the law, may, under section 8489 of the Political Code, be united, consolidated, and reorganized, so as to form a new corporation in all respects valid, and proceedings in the nature of quo warranto against such new corporation cannot he extended to an inquiry and determination as to the legality of the organization of the original districts.</p> <p>Pbivate Coefoeation—Poweb to Hold Real Estate—Peesumption.—Every corporation is presumed to have power to purchase and hold real estate, and if there is anything in its charter, or the business in which it is engaged, or the law under which it is organized, abridging this power, it must be shown affirmatively.</p>