Arnold v. Roraback
Arnold v. Roraback
Opinion of the Court
The conrt are of opinion that the plaintiffs can
recover, in this action, only §138.18, the amount for which the execution that was issued on the judgment now in suit was returned unsatisfied, and interest thereon, and that the laws of this commonwealth afford them no means of recovering the other sum of §21.50, which they claim. It appears from the case of Langdon v. Langdon, 1 Root, 453, that by the law of
For these reasons, and because legal remedies must be conformed to the law of the forum where they are sought, and, when that law affords no remedy, that forum is powerless, the plaintiffs cannot have judgment for the full amount of their verdict, and these exceptions must be sustained, unless the plaintiffs shall remit $21.50 and the interest thereon, which are included in the verdict. On remitting that amount, they may take judgment for $138.18, and interest on that ‘ sum to the time when the verdict was returned. If the plaintiffs so elect, they may discontinue this suit, or become nonsuit, and resort to a court in Connecticut for the recovery of both tl e aforesaid sums.
Reference
- Full Case Name
- Emmons Arnold & another v. William F. Roraback
- Status
- Published