Sunset Oil Co. v. Marshall Oil Co.

Summary

The California Supreme Court considered whether a domestic corporation whose corporate powers had been suspended for nonpayment of a license tax could prosecute an appeal from an adverse judgment. The court held that a statutory reservation allowing the corporation to defend court actions included the right to give notice of, perfect, and prosecute an appeal, and it denied the motion to dismiss.

Holdings

1. A domestic corporation whose powers were suspended under section 11 of the Corporation License Act retained the right to defend an action brought against it, and that right included the right to prosecute an appeal from an adverse judgment.

Questions Presented

1. Whether a domestic corporation whose corporate powers were suspended for nonpayment of the corporate license tax retained the statutory power to prosecute an appeal from an adverse judgment.
2. Whether the statutory reservation of the power to defend in court any action brought against the corporation includes the power to give notice of, perfect, and prosecute an appeal.

Disposition

other