St. Louis, Alton & Terre Haute Railroad v. Miller

Citations

• 43 Ill. 199

Syllabus

<p>1. Railroad companies. A recovered a judgment against the Terre Haute, Alton and St. Louis Railroad company, for work and labor performed for it, and subsequently the road was sold, and its purchasers were, by an act of the legislature, passed February, 1861, incorporated as the St. Louis, Alton and Terre Haute- Bailroad company, under which they organized, and which act provided, among other things, that, as a condition precedent to its operation, they should pay all unsatisfied judgments which had been recovered against the former company for work and labor done for it. In an action of debt, brought against the St. Louis, Alton and Terre Haute Bailroad company, upon this judgment,—Held, That the company was liable, it having succeeded, under said act, to all the corporate powers, privileges and franchises of the Terre Haute, Alton and St. Louis Bailroad company, and having assumed, in consideration of such grant, to pay and discharge all judgments of such a character, remaining unsatisfied against said company last named.</p> <p>3. In such case, it was not necessary, that the act should provide a specific remedy in favor of judgment creditors, in the event of the non-payment of their judgments, as, whenever a statute imposes a duty or liability, the common law affords the remedy, either by the action of debt or assumpsit, as the case may be.</p> <p>3. This act of incorporation constituted an agreement between the State and the St. Louis, Alton and Terre Haute Bailroad company, by the making of which the defendant, became liable to pay the judgment in question.</p> <p>4. Action of debt—proper remedy on judgment record. The action of debt is the proper remedy on a judgment record.</p> <p>5. While the State might revoke the grant made to the St. Louis, Alton and Terre Haute Bailroad company, because of its exercise of the franchise before condition performed, yet, the act did not design, that judgment creditors should be dependent upon the action of the State in t