delivered the opinion of the Court.
A writ of certiorari was granted herein 1 to review the affirmance by the Circuit Court of Appeals 2 of a judgment for respondent rendered by the District Court for Southern Iowa. The action was upon the record of a judgment rendered in favor of the petitioner against the respondent in the United States District Court for Western Missouri.
The defense was lack of jurisdiction of the person of the respondent in the court which entered the judgment. After hearing, in which a jury was waived, this defense was sustained and the action dismissed. The first suit was begun in a Missouri state court and removed to the District Court. Respondent appeared specially and moved to quash and dismiss for want of service. The court quashed the service, but refused to dismiss. An alias summons was issued and returned served, whereupon it again appeared specially, moved to set aside the service, quash the return, and dismiss the case for want of jurisdiction of its person. After a hearing on affidavits and
The ground of the motion made in the first suit is the same as that relied on as a defense to this one, namely, that the respondent is an Iowa corporation, that it never was present in Missouri, and that the person served with process in the latter State was not such an agent that service on him constituted a service on the corporation. The petitioner objected to proof of these matters, asserting that the defense constituted a collateral attack and a retrial of an issue settled in the first suit. The overruling of this objection and the resulting judgment for respondent are assigned as error.
The petitioner suggests that Article IV, Section 1 of the Constitution forbade the retrial of the question determined on respondent’s motion in the Missouri District Court; but the full faith and credit required by that clause is not involved, since neither of the courts concerned was ,a state court. (Compare
Cooper
v.
Newell,
The substantial matter for determination is whether the judgment amounts to
res judicata
on the question of the jurisdiction of the court which rendered' it over the person of the respondent. It is of no moment that the
Public policy dictates that there be an end of litigation; that those who have contested an issue shall be bound by the result of the contest, and that matters once tried shall be considered forever settled as between the parties. We see no reason why this doctrine should not apply in every
While this Court has never been called upon to determine the specific question here raised, several federal courts have held the judgment
res judicata
in like circumstances.
Phelps
v.
Mutual Life Assn.,
112 Eed. 453; affirmed on other grounds,
Respondent relies upon
National Exchange Bank
v.
Wiley,
Bank of Jasper
v.
First National Bank,
The judgment is reversed and the cause remanded for further proceedings in conformity with this opinion.
Reversed.
