Tag: Full Faith and Credit
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Alimony
Decrees Awarding Alimony, Custody of ChildrenA byproduct of divorce litigation are decrees for the payment of alimony, judgments for accrued and unpaid installments of alimony, and judicial awards of the custody of children, all of which necessitate application of the Full Faith and Credit Clause wh…
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Under Provision
Evaluation Of Results Under ProvisionThe Court, after according an extrastate operation to statutes and judicial decisions in favor of defendants in transitory actions, proceeded next to confer the same protection upon certain classes of defendants in local actions in which the plaintiff 's clai…
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Status of the Law
Status of the LawThe doctrine of divisible divorce, as developed by Justice Douglas in Estin v. Estin,83 may have become the prevailing standard for determining the enforceability of foreign divorce decrees. If this is the case, then it may be that an ex parte divorce, founded upon acquisition of do…
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Scope of Powers of Congress
Scope of Powers of Congress Under ProvisionUnder the present system, suit ordinarily must be brought where the defendant, the alleged wrongdoer, resides, which means generally where no part of the transaction giving rise to the action took place. What could be more irrational? "Granted that no …
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Probate Decrees
Probate DecreesMany judgments, enforcement of which has given rise to litigation, embrace decrees of courts of probate respecting the distribution of estates. In order that a court have jurisdiction of such a proceeding, the decedent must have been domiciled in the state, and the question whether he…
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Judgments of Foreign States
Judgments of Foreign StatesDoubtless Congress, by virtue of its powers in the field of foreign relations, might also lay down a mandatory rule regarding recognition of foreign judgments in every court of the United States. At present the duty to recognize judgments even in national courts rests only…
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Full Faith and Credit
Section 1. Full Faith and CreditFull Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records, and Proceedings shall be proved, and the Effect thereo…
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Adoption Decrees
Adoption DecreesThat a statute legitimizing children born out of wedlock does not entitle them by the aid of the Full Faith and Credit Clause to share in the property located in another state is not surprising, in view of the general principle (to which there are exceptions) that statutes do not hav…
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Private International Law
Private International LawThe historical background of the Full Faith and Credit Clause is furnished by the branch of private law that is variously termed "private international law," "conflict of laws," and "comity." This branch comprises a body of rules, based largely …
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Garnishment Decrees
Garnishment DecreesGarnishment proceedings combine some of the elements of both an in rem and an in personam action. Suppose that A owes B and B owes C, and that the two former live in a different state from C. A, while on a brief visit to C's state, is presented with a writ attaching his…
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Judgments
Judgments in GeneralArticle IV, § 1, has had its principal operation in relation to judgments. Embraced within the relevant discussions are two principal classes of judgments. First, those in which the judgment involved was offered as a basis of proceedings for its own enforcement outside the s…
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Penal Judgments
Penal Judgments: Types Entitled to RecognitionThe Full Faith and Credit Clause has been interpreted in the light of the "incontrovertible maxim" that "the courts of no country execute the penal laws of another." 97 In the leading case of Huntington v. Attrill,98 however, the Cour…
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Enforcement of Judgments
Jurisdiction: A Prerequisite to Enforcement of JudgmentsThe jurisdictional question arises both in connection with judgments in personam against nonresident defendants to whom it is alleged personal service was not obtained in the state originating the judgment and in relation to judgments in rem ag…
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Foreign Judgments
Fraud as a Defense to Suits on Foreign JudgmentsWith regard to whether recognition of a state judgment can be refused by the forum state on other than jurisdictional grounds, there are dicta to the effect that judgments for which extraterritorial operation is demanded under Article IV, § 1 and …
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Judgments in Personam
Judgments in PersonamWhen the subject matter of a suit is merely the defendant's liability, it is necessary that it should appear from the record that the defendant has been brought within the jurisdiction of the court by personal service of process, or by his voluntary appearance, or that he ha…