Foreign Judgments and Jurisdiction Volume 1

Foreign Judgments and Jurisdiction Volume 1

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 edition. Excerpt: ...mm" L This is so universally admitted by all States, not only in respect of themselves but also of other States, that it seems inevitably to follow that the rule of "full faith and credit" should apply to judgments given in such cases. The "Courts of this coun-and judgments in try consider the defendant bound where he is a subject of the: L)'g';i's'ed"_' foreign country in which the judgment is given" (Fry, ., Rousillon Bomiim V, v. Rousillon). "If the defendants had been at the time of the fiSflf'l';'_'L,51_ judgment subjects of the country whose judgment is sought to be 1' The reference to "natural-born" subjects is of course unnecessary. It was used by Lord Westbury, as it is frequently by other Judges, on the assumption that nationality follows birth in a country not only in England but in all civilised countries. (qf. Cotton, L.J., re Baurgeoisc). g, '1""l')"_' ';";f'-ua_ Bk-sI;eC1' pI-III-enforced against them, we think that its laws would have bound ' ' them" (Blackburn, _., Schibsby v. Wesienholz). f, m: ', Jo, 'z-_ It seems probable that the principle requires this modification: 11-1'" Q_-B-1"-that the defendant was a subject of the country when the action i; 'sl:: ', ac', f, _ was commenced against him by service abroad, because the me_ncemem_o_f foundation of the right to give judgment is the right to serve the:: j'Lc', 'nl, 'i'; j, l, ';y w initial process in the action. This appears to have been the view If-P. 238. of Charles, J.; for in his brief reference to the subject in Meek v....show more

Product details

  • Paperback | 198 pages
  • 189 x 246 x 11mm | 363g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236820843
  • 9781236820846