People v. Volcano Canyon Toll-Rd. Co.

Citations

• 100 Cal. 87
• 34 P. 522
• 1893 Cal. LEXIS 753

Syllabus

<p>Toll-Road—Usurpation of Franchise—Quo Warranto—Burden of Proof. —In an action in the nature of a quo warranto against a toll-road company for the usurpation of a franchise, and to have the road upon which it has collected toll declared a public highway .and to enjoin the company for collecting tolls thereon, where the answer admits that the defendant claims and is exercising the disputed franchise, the burden of proof is upon it to show by what warrant or authority it claims and exercises the franchise; and where there is no attempt to show any warrant or authority whatever a judgment in favor of the plaintiff is proper.</p> <p>Id.—Corporation db Facto—Assumed Name of Toll-Road Company.— An individual cannot become a corporation de facto by assuming the name of a toll-road company, where there are no directors or officers, and no acts in corporate forms.</p> <p>Id.—Admission of Corporate Character—Evidence.—Where the corporate character of a toll-road company alleged to be the usurper of a toll-road franchise in an action of quo warranto is admitted in the pleadings, but the evidence shows that there is no such corporation, and does not disclose any authority to collect tolls, a judgment declaring the road a public highway, and enjoining the defendant from collecting tolls must be affirmed.</p> <p>Id—Pleading—Admission oe Franchise—A complaint in quo warranto against a toll-road company alleging “that for more than six months last past defendant has had no franchise or right to demand or take toll,” etc., does not admit that the defendant ever had a toll-road franchise.</p>