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    Russell v. Co

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    Julia Camille Real

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    © All Rights Reserved
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    Russell v. Co

    Uploaded by

    Julia Camille Real
    15 views2 pages

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    © © All Rights Reserved

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    Copyright:

    © All Rights Reserved
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    Download as docx, pdf, or txt
    15 views2 pages

    Russell v. Co

    Uploaded by

    Julia Camille Real

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Case Name: Russell v. R.

    Co
    Citation: 113 Cal. 258
    Date of Decision: June 8, 1896
    Origin according to syllabus: American Case

    Doctrine:
    Where a statute creates a right and prescribes a remedy for its enforcement, that remedy is
    exclusive. Where a liability is created which is not penal, and no remedy is prescribed, the
    liability may be enforced wherever the person is found. The procedure will, however, be entirely
    governed by the law of the forum. If the law creating the liability provides for a particular mode
    for enforcing it, the mode limits the liability. If it be a contract, the parties here contracted with
    the understanding that they can be held liable in no other way. And such a liability cannot be
    enforced in another state.

    Facts:
    Russell, a judgment creditor in California, filed a case against Pacific Railway Company and Los
    Angeles Cable Railway Company for the appointment of a receiver for the sale of its property
    and the sum due to its stockholders. Complaint in intervention was filed in behalf of other
    creditors, they have no joint or common interests. They claim the right to join under the Statute
    of Illinois. The Superior Court of Cook County, Illinois, recovered a judgment against Pacific
    Railway Company for a sum of money and caused its execution which was returned nulla bona.
    Upon the averment of insolvency, a receiver was appointed. Russell recovered judgment in the
    superior court of Los Angeles county against Pacific for S1,048.48 and procured a receiver to
    impound Pacific’s assets. Pacific was found to be insolvent. The trial Court found in favor of
    corporation and shareholders. On appeal, the court affirmed saying that the Act did not create a
    liability which is enforceable in California..

    Issue:
    W/N Statute of Illinois is enforceable in California Courts. —No.

    Ruling:
    As a general rule, where a statute creates a right and prescribes a remedy for its enforcement,
    that remedy is exclusive. When a liability is created, which is not penal and no remedy is
    prescribed, the liability may be enforced wherever the person may be found. The procedure is
    governed by the law of the forum. The mode provided by law limits the liability. Under a
    contract, it is understood that parties cannot be liable in no other way and such liability cannot be
    enforced in another state. Sec. 8 of the Illinois Statute is a special remedy. The language is
    unambiguous, and shows the construction given to the statute by the courts of Illinois.
    Independently of this ruling, there is no difficulty in reaching the conclusion that the Illinois
    statute does not create a liability which can be enforced here. The intervenors, therefore, have no
    standing as litigants in the case.

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