comity

The recognition of its existence even by other States, and the enforcement of its contracts made therein, depend purely upon the comity of those States—a comity which is never extended where the existence of the corporation or the exercise of its powers are prejudicial to their interests or repugnant to their policy.

Courtesy; a disposition to accommodate. Courts of justice in one state will, out of comity, enforce the laws of another state^ when by such enforcement they will not violate their own laws, or inflict an injury on some one of their own citizens; as, for example, the discharge of a debtor under the insolvent laws of one state will be re-

A term designating the practice by which one court follows the decision of another court on a like question, though not hound by the law of precedents to do so. The question most frequently arises among the federal courts of different circuits. The importance of securing uniformity in the law as administered in t';1 circuits in patent cases is so great that a decision of a court of co-ordinate Jurisdiction should be followed by this court in every case where the question as present d fairly be regarded as doubtful; Gormley A; Jeffery Fire Co. v. U. S. Agency. 177 Fed. G91, 101 C. C. A. 4T9; Pratt v. Wright, 65 Fed. D9: Enterprise Mfg. Co. v. 1 Fed. 5 A decision of the circuit court and the circuit court of appeals, derived from th( cial reports upon the point in issue (profits in a patent case) would be of controlling weight in another circuit court of appeals both on the ground of county and alse as adjudications entitled to the greatest respect; Taft, C. J., In National 1 & Paper Co. v. Novelty Co., 95 Fed. 9 A circuit court should, in the orderly administration of the law, follow the ruling of a circuit court of appeals in another circuit; Coxe, J., in Hale v. Ililliker. 109 Fed. J7:;: but the courts of one circuit are not controlled by the views of a patent taken by the courts of another circuit, nor absolved from involved; Archbald, J., in Ciiniotti Unhairing Co. v. Fur Refining Co., 120 Fed. 672; the district court may decline to follow the weignt of authority in the lower federal courts; Mc Pherson, X, in U. S. v. Exp. Co., 119 Fed. 240. The circuit court of appeals will follow the decision of another circuit court of appeals unless under especially exceptional circumstances; Pittsburgh Rys. Co. v. Sullivan, 166 Fed. 750, 92 C. C. A. 429; U. S. v. F. A. Marsily & Co., 1G5 Fed. 186, 91 C. C. A. 220; In re Baird, 154 Fed. 215; Gill v. Austin, 157 Fed. 234, 84 C. C. A. 677. "Comity is not a rule of law, but one of practice, convenience and expediency. It is something more than mere courtesy, which implies only deference to the opinion of others, since it has a substantial value in securing uniformity of decision, and discouraging repeated litigation of the same question. But its obligation is not imperative.... Comity persuades; but it does not command. It declares not how a case shall be decided, but how it may with propriety be decided. It recognizes the fact that the primary duty of every court is to dispose of cases according to the law and the facts; in a word, to decfde them right. In doing so the judge is bound to determine them according to his own convictions.... It is only in cases where, in his own mind, there may be a doubt as to the soundness of his views that comity comes in play and suggests a uniformity of ruling to avoid confusion, until a higher court has settled the law." Mast, Foos & Co. v. Mfg. Co., 177 U. S. 485, 488, 20 Sup. Ct. 708, 44 L. Ed. 856. Where questions on an important patent had been decided in two circuits, the Supreme Court felt itself "bound to defer somewhat to this unanimity of opinion on the part of so many learned and distinguished judges"; Hobbs v. Beach, 180 U. S. 389, 21 Sup. Ct 409, 45 L. Ed. 5S6. In the seventh circuit decisions in patent cases in other circuits will not be followed, but each case will stand on its own merits; Welsbach Light Co. v. Gaslight Co., 100 Fed. 648. There is no statute or common law rule by which one court is bound to abide by the decisions of another court of equal rank. It does so simply for what may be called comity among judges. There is no common law or statutory rule to oblige a court to bow to its own decisions; it does so on the ground of judicial comity; (18S4) 9 P. D. 98, per Brett, M. R. The doctrine has no application to foreign corporations. It "was not established for the purpose of giving to any state an unlimited power to dispose of the franchise of acting in a corporate capacity in other states. To obtain a charter for the purpose of evadthe state granting the charter; and to attempt to act under such charter in a foreign state would be a fraud upon the latter;" National Lead Co. v. Paint Store Co., 80 Mo. App. 247, 271. It would seem that the use of the term "comity" in connection with cases where a court of one state under the rule of the conflict of laws adjudicates a case upon the law of another state is not correct. When a case involves a transaction in another jurisdiction and is properly decided upon the law of that other jurisdiction, under well settled rules of the conflict of laws, the law of that other jurisdiction is applied as a matter of right, and not upon the ground of comity. Of this use of the term Mr. Dicey says: "The term 'comity,' as already pointed out, is open to the charge of implying that the judge, when he applies foreign law to a particular case, does so as a matter of caprice or favor." Cases such as the following may perhaps illustrate another class not included in either of the above classes: "A court of equity in one state may enjoin parties from proceeding in a court of law in another state; but on principles of courtesy, and perhaps of policy, this power should not be exercised where the court of law has a concurrent jurisdiction, which was- first assumed and exercised over the subject matter, unless there should exist some peculiar equitable ground for so doing." Bank of Bellows Falls v. R. Co., 28 Vt 470.

Courtesy; complaisance; respect; a willingness to grant a privilege, not as a matter of right, but out of deference and good will.

— Comity of nations. The most appropriate phrase to express the true foundation and extent of the obligation of the laws of one nation within the territories of another. It is derived altogether from the voluntary consent of the latter; and it is inadmisible when it is contrary to its known policy, or prejudicial to its inter-ests. In the silence of any positive rule affirming or denying or restraining the operation of foreign laws, courts of justice presume the tacit adoption of them by their own government, unless repugnant to its policy, or prejudicial to its interests. It is not the comity of the courts, but the comity of the nation, which is administered and ascertained in the same way, and guided by the same reasoning, by which all other principles of the municipal law are ascertained and guided. Story. Co.nfl. Laws, § 38. The comity of nations (comitas gentium) is that body of rules which states observe towards one another from courtesy or mutual convenience, although they do not form part of international law. Holtz. Enc. s. v. Hilton v. Guyot, 159 U. S. 113, 16 Sup. Ot. 139, 40 L. Ed. 95; Fisher v. Fielding, 67 Conn. 91, 34 Atl. 714, 32 It. R. A. 236, 52 Am. St. Ren. 270; People v. Martin. 175 N. Y. 315, 67 N. E. 589, 96 Am. St. Rep. 628

— Judicial comity. The principle in accordance with which the courts of one state or jurisdiction will give effect to the laws and judicial decisions of another, not as a matter of obligation, but out of deference and respect Franzen v. Zimmer, 90 Hun, 103, 35 N. Y. Supp. 612; Stowe v. Bank (C. -C.) 92 Fed. 96; Mast v. Mfg. Co... 177 U. S. 485, 20 Sup. Ct. 708, 44 In Ed. 856; Conklin v. Shipbuilding Co. (C. C.) 123 Fed. 916.

Courtesy. Comity of nations: the courtesy by which one state recognizes or follows the laws of another, — an expression of the extent of the obligation one state is under to recognize and follow the laws of another.

Courtesy; complaisanee; respect; a willingness to grant a privilege, not as a matter of right, but out of deference and good will. See next title.

i Courtesy: deference, from good feeling or feeling of equality. Comity of nations, or between States. Expresses the basis upon which one independent sovereignty applies -within its own territory the laws of another sovereignty, in a matter as to which the latter or its citizen ' is concerned. 2 Upon this basis rest observances under extradition treaties, q. v. And some adjudications upon the estates of decedents and insolvents are respected, between the States, to the extent that reciprocity obtains. Comity obtains to permit the corporations of one State to pursue a lawful business in another State.^ Judicial comity. The respect which tribunals of independent jurisdictions entertain for the decisions of each other, in the determination of questions involving reference to extra-territorial law. The Federal courts adopt the construction given to a State's constitution or statutes by the courts of that State, whatever the opinion as to their soundness, except where the highest State court has given different constructions, and rights have been acquired imder the earlier construction; in which case they follow the latter;* except, also, in interpreting a contract between States, whether the contract is in the shape of a law or of a covenant by State agents; * and except in cases where the Constitution, a treaty, or a statute of the United States, provides otherwise.* They give a change in construction the same effect in its operation upon existing contract rights that they give to a legislative amendment — they make it prospective.' But they are not bound by decisions upon commercial law. * Where the law of a State is not settled, it is the right and the duty of the Federal courts to exercise their own judgment; as they always do in reference to the doctrines of commercial law and general jurisprudence. So, when contracts have been entered into, and rights have accrued thereon imder a particular state of the decisions, or where there has been no decision, of the State tribunals, the Federal courts claim the right to adopt their own intert)retation of the law applicable to the case, although a different interpretation may be adopted by the State courts after such rights have accrued. But even in such cases, for the ' L. comitas, urbanity: comis, friendly. ' See Story, Confl. Laws, §§ 83, 33-38. •Cowell V. Saratoga Springs Co., 100 U. S. 59 (1879); Memphis, &c. E. Co. v. Alabama, 107 id. 581, 585 (1882), cases. • Fairfleld v. County of Gallatin, 100 U. S. 53 (1879), cases; CaroU County -u. Smith, 111 id. 563 (1884), cases. » Jefferson Branch Bank v. Skelly, 1 Black, 436 (1861); Wright «. Nagle, 101 U. S. 793 (1879). " Gates V. Nat. Bank of Montgomery, 100 U. S. 346 (1879), cases. sake of harmony and to avoid contusion, the Federal courts will lenn to an agreement of views with the State courts if the question seems to them balanced with doubt. As, however, the object of giving to the National courts jurisdiction to administer the laws of the States in controversies between citizens of different States was to institute independent tribunals which it might be supposed would be unaffected by local prejudices, it is their duty to exercise an indepe,ndent judgment in cases not foreclosed by previous adjudication. ^

[Lat. comitas, q. v.] Courtesy. Comity of nations is the most appropriate phrase to express the true foundation and extent of the obligation of the laws of one nation within the territories of another. Story Confi, Laws, § 38. See 20 Johns, R, 263, Piatt, J.