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45 Cal. 73

People v. Bogart

California Supreme Court

Decided July 1, 1872

California Supreme Court · decided 1872-07-01

The plaintiff, ex rel. the Attorney General, commenced this proceeding in May, 1871, to oust “the Ophir Copper, Silver, and Gold Mining Company, of Placer County, California,” from the enjoyment of its franchise, charging in the complaint that under the name of the “ Ophir Copper, Silver, and Gold Mining Company” the defendants had usurped and intruded into certain corporate franchises and corporate powers which they had no right to exercise under that name.

Relies on People v. Sierra Buttes Quartz Mining Co.

Decided 1872-07-01

By the Court:

¶1If the officers of a corporation organized under a particular name, in the exercise of its franchises use an abbreviation of that name, it is not a usurpation, nor will it support a proceeding by quo warranto upon the part of the people to oust them from the enjoyment of those franchises. (People v. Sierra Buttes Q. M. Co., 39 Cal. 514, and cases there cited.)

¶2Judgment and order affirmed.

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