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Foreign Judgment

records, court and laws

FOREIGN JUDGMENT is the decree of any tribunal outside of the jurisdiction in which it operates. Such judgments depend for their value and enforcement upon agreement between states and nations. The states of the American union are absolute in their several dominions, and are guided by their own laws; but the needs of society and order require a recognition of the rights of other states, and hence we have, as between nations, a recognition of the efficiency of state enactments under certain pre scribed formuke. The constitution provides that "full faith and credit shall be given by each state to the public acts, record, and judicial proceedings of every other state; and that congress may prescribe the manner in which such acts, records, proceed ings shall be proved. and the effect thereof." Under this provision congress enacted the law which says: "The records and judicial proceedings of the courts of any state shall be proved or admitted, in any other court within the United States, by the attestation of the clerk and The seal of the court annexed, if there be a seal, together with the certificate of the judge, chief-justice, or presiding magistrate, as the case may be, that the said attest ation is in due form. And the said records and judicial proceedings, authenticated as

atoresaid, shall have such faith and credit given to them, in every court within the United States, as they have by law or usage in the courts of the state from whence such records are or shall be taken." This general rule holds good iu all cases, except divorce. In that, the opinions are almost as diverse as the laws. The Roman Catholic church, and countries where that is the established religion, deny the right of divorce. English courts hold that no foreign authority can dissolve an English marriage. In the United States, although the statutes differ materially, is divorce granted in good faith, according to law in any state, is recognized in all other states. A few years ago the facility with which divorces could be obtained in one of the western states became so notorious and so much a Cause of scandal that the laws of that state were amended in that respect.