Russell v. Ford
California Supreme Court
Appeal from the District Court of the Fifth Judicial District, for the County of Tuolumne. Russell filed his complaint against the appellants, stating that the parties entered into a mining partnership, in August, 1850, and laid a claim, &c.; the gold to be taken from which was to be equally divided between the parties; and that the plaintiff was to be at liberty to go to a certain Ranch, and whatever interest he might acquire in it, or whatever compensation he might receive…
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Appeal from the District Court of the Fifth Judicial District, for the County of Tuolumne. Russell filed his complaint against the appellants, stating that the parties entered into a mining partnership, in August, 1850, and laid a claim, &c.; the gold to be taken from which was to be equally divided between the parties; and that the plaintiff was to be at liberty to go to a certain Ranch, and whatever interest he might acquire in it, or whatever compensation he might receive while there, was to be divided between the parties, as an equivalent for the gold taken from the claim; that the…
1Opinion of the CourtJustice Heydenfeldt
This is an action by one partner against his co-partners. The complaint is too defective to sustain the judgment. It asks for judgment for a particular sum, forming a part of partnership profits; and does not pray for an account of the partnership concerns, nor for a dissolution of the partnership. It is impossible that a correct decision can be attained as to the right of one partner, unless all the partnership transactions are brought before the Court and properly investigated and adjusted.
The judgment must be reversed, and the case remanded.
Thursday, February, 19.
The Court overruled a…
2Cited by7 opinions
- Mosher v. HelfendCalifornia Court of Appeal · 1935
- Ketchum v. CrippenCalifornia Supreme Court · 1869
- De Rigne v. HartCalifornia Court of Appeal · 1928
- Liebersohn v. Ali (In Re Fineberg)United States Bankruptcy Court, E.D. Pennsylvania · 1996
- Haynes v. ShortSupreme Court of Alabama · 1889
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