4 Conn. 380 | Conn. | 1822
Foreign judgments are prima facie evidence of debt, and to be presumed just, until the contrary is proved; but if they are shown to be unjust or irregular, a suit upon them will not be sustained. Walker v. Witter, Doug. 1.
The judgment of a court in a sister state, is not to be placed on the footing of a foreign judgment, but has all the validity, provided, by the constitution of the United States. The first section of the fourth article of that instrument declares, “that full 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 thereof.” By the above terms of the constitution, complete and plenary provision was made, giving to judgments duly rendered in either state, conclusive and unimpeachable validity, in all the states. If by the expression, “full faith and credit,” it was only intended, to place the judgments duly rendered in the respective states, on the same foundation with foreign judgments, where the common law had placed them, the enactment would be idle, and beneath the valuable instrument containing it. From the political connexion between the states, and the principles of courtesy, and mutual confidence, applicable to the friendly
These uniform and concurring opinions of the most respectable and learned judges, are entitled to the highest deference. The principle involved in them is fully sanctioned, by the determinations in Westminster-Hall. In Fisher v. Lane, 3 Wils. 197. it was said, by Lord Ch. J. De Grey, when speaking of the supposed default of a Mrs. Fisher, that “she made no default, for it appears she never was summoned or had notice, which is contrary to the first principles of justice.” And in Buchanan v. Rucker, 9 East, 192. the court adjudged, that the law will not raise a promise upon a judgment obtained by default, against a person in one of the colonies, who was summoned, only by nailing a copy of the declaration on the courthouse door.
Independent of decisions, on the foundation of principle only, I can entertain no doubt, relative to the construction of the constitution of the United States. In expounding this instrument, adherence must not be had to the letter, in opposition to the reason and spirit of the enactment; and hence, to effectuate the object intended, it is even proper to deviate from the usual sense of the words. Where they admit of different intendments, that must be selected, which is most consonant to the object in view. Every interpretation, which leads to an absurdity, ought to be avoided; and that is properly denominated absurd, which is morally impossible, or so contrary to reason, that it cannot be attributed to a man in
In conclusion, I am unhesitatingly of opinion, that the testimony offered by the defendant, in this case, should have been received. So far as relates to the property, said to be attached in the state of Rhode-Island, the proceeding was in rem; (Phelps v. Holker, 1 Dall. 271. Kilbourn v. Woodworth, 5 Johns. Rep. 37. Pawling & ux. v. Wilson & al. 13 Johns. Rep. 192.) but, as against the defendant, if he was not notified to appear, and did not appear and defend, the judgment rendered against him is of no validity.
New trial to be granted.