FOREIGN JUDGMENT
(bouvier) | FOREIGN JUDGMENT, evidence, remedies. A judgment rendered in a foreign
state.
2. In Louisiana it has been decided that a judgment rendered by a
Spanish tribunal, under the former government of the country, is not a
foreign judgment. 4 M. R. 301 Id. 310.
3. The subject will be considered with regard, 1st. To the manner of
proving such judgment; and 2d. Its efficacy.
4. - 1. Foreign judgments are authenticated in various ways; 1. By an
exemplification, certified under the great seal of the state or country
where it was rendered. 2. By a copy proved to be a true copy. 3. By the
certificate of an officer authorized by law, which certificate must, itself,
be properly authenticated. 2 Cranch, 238; 2 Caines' R. 155; 5 Cranch, 335; 7
Johns. R. 514 Mass. R. 273 2 Munf. R. 43 4 Camp. R. 28 2 Russ. on Cr. 723.
There is a difference between the judgments of courts of common law
jurisdiction and courts of admiralty, as to the mode of proof of judgments
rendered by them. Courts of admiralty are under the law of nations;
certificates of such judgments with their seals affixed, will therefore be
admitted in evidence without further proof. 5 Cranch, 335; 3 Conn. R. 171.
5. - 2. A judgment rendered in a foreign country by a court de jure, or
even a court de facto, 4 Binn. 371, in a matter within its jurisdiction, when
the parties litigant had been notified and have had an opportunity of being
heard, either establishing a demand, against the defendant or discharging
him from it, is of binding force. 1 Dall. R. 191; 9 Serg. & Rawle, 260; 10
Serg. & Rawle, 240; 1 Pet. C. C. R. 155; 1 Spears, Eq. Cas. 229; 7 Branch,
481. As to the plea of the act of limitation to a suit on a foreign
judgment, see Bac. Ab. h.t.; 2 Vern. 540; 5 John. R. 132; 13 Serg. & Rawle,
395; 1 Speer's, Eq. Cas. 219, 229.
6. For the manner of proving a judgment obtained in a sister state, see
the article Authentication. For the French law in relation to the force of
foreign judgments, see Dalloz, Dict. mot Etranger, art. 6.
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