Gardner v. Rumsey
Supreme Court of Oklahoma
Error from District Court, Oklahoma County; Edward Dewes Oldfield, Judge. . Action by A. L. Gardner, doing business as A. L. Gardner & Company, and others, against Joseph F. Rumsey to enforce liability of officer of corporation to its creditors. Demurrer to petition sustained, and plaintiffs bring error.
1Dissent
McNEILL J.
(dissenting). I am unable to agree with the opinion of the majority in so far as it holds that the Arkansas statute upon which this action is based is a penal' statute in the international sense that a cause of action based thereon cannot be enforced in the courts of this state. In my judgment the maxim, to wit, “The courts of no country execute the penal laws of another,” has no application to the statute in the ease at bar. The difficulty, is often encountered in recognizing the distinction between what are penal statutes within the international Sense, and those- that may be…
2Cases cited27 opinions
- Huntington v. AttrillSupreme Court of the United States · 1892
- Loucks v. . Standard Oil Co.New York Court of Appeals · 1918
- Wisconsin v. Pelican InsuranceSupreme Court of the United States · 1888
- The AntelopeSupreme Court of the United States · 1825
- Merchants' Bank of New Haven v. BlissNew York Court of Appeals · 1866
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