Foreign Judgment

ectdence, remedies. A judgment rendered in a foreign state. The subject will be considered with regard, 1st, to the manner of proving such judgment; and, 2dly, its efficacy.

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 authorised by law, which certificate must, itself, be properly authenticated.

2 Cranch, 238; 2 Caines’s R. 155; & Cranch, 335; 7 John. R. 514; 8 Mass. R. 278; 2 Munf, R. 53; 4 Campb. R. 28; 2 Russ. on Cr. 723.

There isa 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 afhxed, will therefore be admitted in evidence without further proof.

5 Cranch, 335; 3 Conn. R. 171. 2.

A judgment rendered in a forina matter within its jurisdiction, when the parties htigant had been notified, and had 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.

As to the plea of the act of limitation to a suit ona foreign judgment, see 4 Bac. 472; 2 Vern. 540:; 5 John. R. 132; 13 Serg. & Rawle, 395. For the manner of proving a judgment obtained in a sister state; see the article Authenticatton.