159 N.W. 893 | S.D. | 1916
Appeal from a judgment against a garnishee defendant, and from an order denying such garnishee a new trial.
There was no personal seryice of summons within this state nor appearance by the defendants in the-main action. There was service on such defendants in the state of Nebraska. The garnishee summons was served upon the garnishee within this state. No judgment was rendered against the garnishee until after a judgment had been entered against the main defendant, but the trial upon the issues joined on the garnishee’s disclosure had been had prior to the rendition of the judgment in the main action.
“Foreign laws are not regarded where they conflict with our ■own regulations, our local -policies, or do violence to our views of religion or public morals. The -principles of comity -do not require the. courts of one state to enforce rights under the statutes of another, to the prejudice of -our own citizens nor when complete justice cannot be done.” 1 Lewis Sutherland, Statutory Construction, 24.
To what extent is the rule of comity to be understood a-s restricted under the above declaration? It is perfectly apparent that, if -comity -is so restricted that a substantive law -of the state of the contract will be disregarded whenever the state -of the forum does not have the same law, the doctrine of comity becomes a farce. If is also a farce if a citizen of this state, who- enters into a contract in a foreign state, will not be -held to- the effects of such contract by the courts of this state simply because so to hold him would be “to the prejudice of our own citizen.” Excellent illustrations of the recognized limitations of the rule of comity are: Courts will not enforce a foreign mortgage lien against those citizens of the state of 'the forum who are not parties to the mortgage, whefé the mortgage has not been recorded in the state of the forum. Miles v. Oden, 8 Martin (N. S. La.) 214, 19
The judgment and order appealed from are affirmed.