Great Western Machinery Co. v. Smith

Citations

• 87 Kan. 331
• 124 P. 414
• 1912 Kan. LEXIS 146

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Penal Statute — Foreign State — When Enforceable in Kansas. The rule that a penal statute will not be enforced outside the territorial jurisdiction of the legislature enacting it applies only to such statutes as ar.e entirely penal, their sole purpose being to inflict punishment for the violation of a law, for the public benefit, and not to those which are in part compensatory, the violator being required to make good to an individual a possible loss having some connection with his default.</p> <p>2. --- Same. A statute requiring a corporation to file an annual statement showing its financial condition, and making its officers individually liable for its debts in case of default, is not purely penal.</p> <p>S. -Same. The enforceability of such a statute in another state is not affected by the fact that the courts of the state enacting it have characterized it as penal in connection with the rule of strict construction and with the application of a statute of limitations upon actions to recover a penalty.</p>