Cruz v. O'Boyle

Citations

• 197 F. 824
• 1912 U.S. Dist. LEXIS 1494

Syllabus

<p>1. Execution (§ 6*) — Foreign Judgment — Enforcement.</p> <p>In the United States, a foreign judgment cannot be enforced by execution, but only through the medium of a new judgment obtained in an ■ action brought for that purpose.</p> <p>[Ed. Note. — For other cases, see Execution, Cent. Dig. §§ 5, 6; Dec. Dig. § 6.*] _</p> <p>2. Courts (§§ 342, 347*) — Federal Courts — Adoption of Local Practice— Action on Foreign Judgment. '</p> <p>In an action on a foreign judgment in a federal court, the form of action and the pleadings are governed by the practice of the state within which the court takes jurisdiction.</p> <p>[Ed. Note. — For other cases, see Courts, Cent. Dig. §§ 912, 913, 921; Dec. Dig. §§ 342, 347.*</p> <p>Conformity of practice in common-law actions to that of state court. See note to O’Connell v. Reed, 5 C. C. A. 594; Nederland Life Ins. Co. v. Hall, 27 C. C. A. 392.]</p> <p>8. Judgment (§ 938*) — Foreign Judgment — Action—Pleading.</p> <p>In a suit in Pennsylvania on a foreign judgment, the judgment is pleaded by setting out in plaintiff’s statement a full and complete copy or exemplification of the record claimed as the basis of the action.</p> <p>[Ed. Note. — For other cases, see Judgment,‘Cent. Dig. §§ 1772-1774; Dec. Dig. § 938.*]</p> <p>4. Evidence (§ 345*) — Foreign Judgment — Certification.</p> <p>A judgment sued on having been recovered against defendant in the Second Civil and State Court of Jalisco in Mexico, a copy of the record was attached to plaintiffs’ statement, and was certified as a complete record of the proceedings in the case in the courts of Mexico, including the Civil and State Court of Guadalajara and the Supreme Tribunal of Justice of the state' of Jalisco, which copy had affixed thereto the seal of .the Civil and State Court of Guadalajara, the certificate of the secretary or clerk of the court that the record was a true and correct copy., and the certification and attestation by a judge of the Civil and State Court of Guadala