after stating the case as above, delivered •the opinion of the court.
The husband, as the record shows, having appeared generally in answer to the petition for alimony in the Court of Chancery in New Jersc3r, the decree of that court for alimony was binding upon him.
Laing
v.
Rigney,
By the Constitution and the act of Congress, requiring the faith and credit to be given to a judgment of the court of an
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other State that it has in the State where it was rendered, it was long ago declared by. this court: “ The judgment is made a debt of record, not examinable upon its merits; but it does not carry with it, into another State, the efficacy of a judgment upon property or persons, to be enforced by execution.. To give it the force of a judgment in another State, it must be made a judgment there; and can only be executed in the latter as its laws may permit.”
McElmoyle
v.
Cohen,
The decree of the Court of Chancery of New Jersey, on which this suit is brought, provides, first, for the payment of $7840 for alimony already due, and $1000 counsel fee; second, for the payment of alimony since the date of the decree at the rate of $80 per week; and third, for the giving of a bond to secure the payment of these gums, and, on default of payment or of giving bond, for leave to apply for a writ of sequestration, or a receiver and injunction.
The decree for the payment of $8840 was for a fixed sum' already due, and the judgment of the court below was properly restricted to that. The provision of the payment for áli-mony in the future was subject to the discretion of the Court of Chancery of New Jersey, which might at anytime alter it, and was not a final judgment for a fixed sum. The provisions for bond, sequestration, receiver and injunction, being in the nature of execution, and not of judgment, could have no extraterritorial operation; but the action of the courts of New York in these respects depended on the local statutes and practice of the State, and involved no Federal question.
On the writ of error of the wife, therefore,
The judgment is affirmed.
