70 Vt. 637 | Vt. | 1898
The action is debt on a judgment rendered by the superior court for the county of Kennebec in the state of Maine. The record of this judgment discloses sufficient facts to give that court jurisdiction. It recites that the defendant was a resident of the state of Maine at the time judgment was rendered; that the process was served upon him personally; and that he appeared by attorney. This record was received in evidence by the court below, and, thereupon, the defendant sought to contradict the facts recited therein which related to the jurisdiction of the court, and offered to show, by parol, that he was not a resident of the state of Maine at the time the judgment was obtained; that process was not served upon him; and that he made no appearance in the cause, either by himself or by attorney. The court pro forma excluded the evidence, and the defendant excepted.
Article 4, § 1, of the constitution of the United States provides 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 law prescribe the manner in which such acts, records and
The holding in Thompson v. Whitman has been adhered to by the United States Supreme Court. Thus, in State of Wisconsin v. Pelican Ins. Co., 127 U. S. 265, Mr. Justice Gray, in speaking for the court of the constitution and act of Congress, by which the judgments of the courts of each state are to have such faith and credit given to them in every court in the United States as they have by the law or usage in the state in which they were rendered, said: “These provisions establish rules of evidence rather than of jurisdiction. While they make the record of a judgment rendered after due notice in one state, conclusive evidence in courts of another state or of the United States, of the matter adjudged, they do not effect the jurisdiction, either of the court in which the judgment is rendered, or of the court in which it is offered in evidence.” In Cole v. Cunningham, 133 U. S. 107, Mr. Chief Justice Fuller, in speaking for the court
We think the construction thus given to the constitution and act of Congress by the United States supreme court is controlling, and the construction given to them by this court must yield to the later construction of the United States supreme court. We think the judgment in question
Judgment reversed and cause remanded.