Foreign Judgments

Foreign Judgments

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1879 edition. Excerpt: ...the matter in controversy is Judgments L referring to land or immoveables. Story. 59i land, or other immoveable property, 'the judgment Chapter 'pronounced in the forum ret sites is held to be of' DE-FENCES. Juris-Diction. Fraud. De Grey, C.J. Error. Natural Justice. 'universal obligation, as to all matters of right and 'title which it professes to decide in relation thereto. 'This results from the very nature of the case; for no 'other Court can have a competent jurisdiction to 'inquire into or settle such right or title. By the 'general consent of nations, therefore, in the case of 'immoveables, the judgment of the forum rei sites 'is held absolutely conclusive.' (Story--Conflict of Laws, 591.) To apply the theory of defence: --The jurisdiction of the Court cannot be attacked; for the subject of the action is necessarily within the jurisdiction: It is impossible therefore to negative the existence of the duty: In what manner can the disobedience to it be excused? We are here guided by authority: Fraud may be set up: --' Fraud is an extrinsic, 'collateral act: which vitiates the most solemn pro'ceedings of Courts of Justice.--Lord Coke says, 'it avoids all judicial acts, ecclesiastical or tem'poral.' (Sir William de Grey, C.J.--Duchess of Duchess oj Kingston's case) 42P"' The Fraud, as in the case of judgments in per-2 Sm: sonam may be either on the part of the plaintiff, or of the Court. Error on the part of the Court was found to be a bad defence to a judgment in personam, and therefore bad also as a defence to a judgment in rem. Two cases were considered doubtful: 'apparent 'error' and ' wilful error.' The doubt also exists here and will remain, till there is an express decision by the Courts. Lastly, that Natural Justice has..."show more

Product details

  • Paperback | 100 pages
  • 189 x 246 x 5mm | 195g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236613961
  • 9781236613967