State ex rel. Osborne, Tremper & Co. v. Nichols

Citations

• 38 Wash. 309
• 80 P. 462
• 1905 Wash. LEXIS 1167

Syllabus

<p>Corporations—Change in Name—Trust Companies. Under Laws 1903, p. 367, providing that no corporation thereafter organized shall carry on a trust business or use the word '‘trust” as part of its name; a pre-existing corporation cannot change its name to include therein the word “trust,” without complying with the other provisions of the act regulating trust companies; since the change in name is to that extent the creation of a new corporation.</p> <p>Same—Statutes—Title of Act—Sufficiency.- A provision prohibiting the nse of the word “trust” in the name of other corporations is germane to the general purposes of Laws 1903, p. 367, entitled “An Act providing for the incorporation of trust companies; and defining their powers and duties.”</p> <p>Mandamus—When Lies—Secretary of State—Change in Name of Corporation—Violation of Law. Mandamus will not lie to compel the secretary of state to file a certificate changing the name of a corporation, which violates the law relating to- trust companies, on the theory that he performs his full duty by filing the certificate and informing the attorney general of the violation of the law, since the court will not compel him to do a vain or illegal act.</p>