South Yuba Water & Mining Co. v. Rosa

Citations

• 80 Cal. 333
• 22 P. 222
• 1889 Cal. LEXIS 914

Syllabus

<p>Corporation — Filing op Copy op Articles—Pleading — Demurrer — Nonsuit—Plea in Abatement. —The failure of a corporation to comply with the requirements of section 299 of the Civil Code as to the filing of a copy of the copy of its articles of incorporation in the office of the clerk of the county where its property is situated, is not ground of general demurrer when the complaint is silent upon the subject, nor is it ground of motion for a nonsuit that the plaintiff has failed to prove such filing; but such failure can only be made available by specially pleading it in the answer as matter of abatement to the action.</p> <p>Id. —Foreign Corporation. — Section 299 of the Civil Code does not by its terms apply to or include foreign corporations, but applies only to domestic corporations who have filed a copy of their articles of incorporation with the secretary of state of the state of California. There is no provision or authority in the statute by which foreign corporations are to file a copy of their articles of incorporation, with the secretary of state of this state.</p> <p>Water Rights — Appropriation — Riparian Rights — United States Homestead Claim—Injunction. —The riparian rights of a homestead claimant under the laws of the United States, whose settlement upon the land is subsequent to an appropriation of the water flowing across the same in its natural channel, by the owner of a water-ditch which taps the stream below the homestead claim, are subject and subordinate to the prior appropriation of the stream by the owner of the ditch, and the homestead claimant may be enjoined from diverting the water of the stream from the ditch.</p>