Russell v. Ford

Decided January 15, 1852

California Supreme Court · decided 1852-01-15

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…

Good law ✅— No negative treatment on recordhow we know

Decided 1852-01-15

How this case has been cited

Cited by 6 later decisions — most recently November 1996

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Justice Heydenfeldt

¶1delivered the opinion of the Court. 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.

¶2The judgment must be reversed, and the case remanded.

¶3Thursday, February, 19.

¶4The Court overruled a petition for a re-hearing, filed by the appellants.