LYNDE
v.
LYNDE; LYNDE V. LYNDE
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A husband challenged a New Jersey alimony decree that a New York court had enforced against him, arguing the decree should not be given full faith and credit as a binding judgment. The Supreme Court held that the husband, having appeared and been heard in the original New Jersey alimony proceeding, was entitled to due process and the decree was binding on him; further, the Court ruled that while a sister-state judgment for a fixed sum already due must be recognized, provisions for future alimony payments and execution mechanisms like sequestration could be enforced only according to the laws and procedures of the state where enforcement was sought.
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MR. Justice Gray,
after stating the case as above, delivered •the opinion of the court.
The husband, as the record shows, having appeared generally in answer to the petition for alimony in the Court of Chancery in New Jersc3r, the decree of that court for alimony was binding upon him. Laing v. Rigney, 160 U. S. 531. The court of New York having so ruled, thereby deciding in favor of the full faith "and credit claimed for that decree-under the Constitution and laws of the United States, its judgment on that question cannot be reviewed by this court on writ of error. Gordon v. Caldcleugh, 3 Cranch, 268; Missouri v. Andriano, 138 U. S. 496. The husband having appeared and been heard in the proceeding for alimony, there is no color for his present contention that he was deprived of his property without due process of law. Nor does he appear to have made any such contention in the courts of the State. His writ of error, therefore, must be dismissed.
By the Constitution and the act of Congress, requiring the faith and credit to be given to a judgment of the court of an other State that it has in the State where it was rendered, it was long ago declared by. this court: “ The judgment is made a debt of record, not examinable upon its merits; but it does not carry with it, into another State, the efficacy of a judgment upon property or persons, to be enforced by execution.. To give it the force of a judgment in another State, it must be made a judgment there; and can only be executed in the latter as its laws may permit.” McElmoyle v. Cohen, 13 Pet. 312, 325; Thompson v. Whitman, 18 Wall. 457, 463; Wisconsin v. Pelican Ins. Co., 127 U. S. 265, 292; Bullock v. Bullock, 6 Dickinson (51 N. J. Eq.) 444, and 7 Dickinson (52 N. J. Eq.) 561.
The decree of the Court of Chancery of New Jersey, on which this suit is brought, provides, first, for the payment of $7840 for alimony already due, and $1000 counsel fee; second, for the payment of alimony since the date of the decree at the rate of $80 per week; and third, for the giving of a bond to secure the payment of these gums, and, on default of payment or of giving bond, for leave to apply for a writ of sequestration, or a receiver and injunction.
The decree for the payment of $8840 was for a fixed sum' already due, and the judgment of the court below was properly restricted to that. The provision of the payment for áli-mony in the future was subject to the discretion of the Court of Chancery of New Jersey, which might at anytime alter it, and was not a final judgment for a fixed sum. The provisions for bond, sequestration, receiver and injunction, being in the nature of execution, and not of judgment, could have no extraterritorial operation; but the action of the courts of New York in these respects depended on the local statutes and practice of the State, and involved no Federal question.
On the writ of error of the wife, therefore,
The judgment is affirmed.
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Boyer v. Andrews, 143 Fla. 462 (Fla. 1940)…nstitution, although the modes of procedure to enforce its collection may not be the same in both States.” In discussing and reconciling two of its previous decisions (Barber v. Barber, 21 How. 582, 16 L. Ed. 226, and Lynde v. Lynde, 181 U. S. 187, 21 Sup. Ct. 555, 45 L. Ed. 814) that were thought by counsel there to be in conflict, the Supreme Court of the United States in the case of Sistare v. Sistare, supra, said: “We think the conclusion is inevitable that the Lynde case cannot be held to have overruled…
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Dwyer v. Dwyer, 72 So. 2d 378 (Fla. 1954)…e accorded full faith and credit under Section 1, Article IV, Federal Constitution. Boyer v. Andrews, 143 Fla. 462, 196 So. 825; Cohen v. Cohen, 158 Fla. 802, 30 So. 2d 307; Sistare v. Sistare, 218 U.S. 1, 30 S.Ct. 632, 54 L.Ed. 905; Lynde v. Lynde, 181 U.S. 183, 21 S.Ct. 555, 45 L.Ed. 810; Restatement: Conflict of Laws, Section 434 and 435. Since the marital res has not yet determined under law of California it cannot yet be said that the parties have such a divorce in any other state or country as is cont…
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D. R.-T. v. O. M., 244 So. 2d 752 (Fla. 2d DCA 1971)…recognize a filiation decree of another state, must accord to it such “full faith and credit * * * as [it has] by law or usage in the courts of such State, Territory or Possession from which [it is] taken.” 28 U.S.C. § 1738. . Lynde v. Lynde, 1901, 181 U.S. 183, 21 S.Ct. 555, 45 L.Ed. 810; McElmoyle for Use of Bailey v. Cohen, 1839, 13 Pet. (38 U.S.) 312, 10 L.Ed. 177; Thompson v. Whitman, 1874, 18 Wall. (85 U.S.) 457, 21 L.Ed. 897. . Cases and Materials on Conflict of Laws 349 (5th ed. 1964). . See also…
Previewing 3 of 21 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State of Wis. v. Pelican Ins. Co., 127 U.S. 265 (U.S. 1888)
- Thompson v. Whitman, 18 Wall. 457 (U.S. 1873)
- M'Elmoyle v. Cohen, 13 Pet. 312 (U.S. 1839)
- Laing v. Rigney, 160 U.S. 531 (U.S. 1896)
- Missouri v. Andriano, 138 U.S. 496 (U.S. 1891)
- Gordon v. Caldcleugh, 3 Cranch 268 (U.S. 1806)