Dow v. Blake

Citations

• 148 Ill. 76
• 35 N.E. 761

Syllabus

<p>1. Judgment and decree—on decree of divorce—whether superseded by a new order. In 1882 a decree of divorce was entered in the State of Wisconsin, which, after providing for the custody of the children of the parties, ordered and adjudged that the defendant should pay his wife $2000, upon her releasing her dower in his lands, and awarding costs against him. In 1888, on petition of the wife, the court rendered judgment against the husband for the sum of $31,000, in favor of the wife, as her full and final share and allowance in the final division and distribution of the property of the defendant, and ordered that, except as therein modified or superseded, the original judgment should stand and remain in full force : Held, that the last judgment was something more than a mere modification or supplement to the decree of 1882, and that the last judgment was complete in itself, and enforcible by action of debt thereon.</p> <p>2. Same—have the same force and effect as in State where rendered. Where a suit is brought in this State upon a judgment rendered in another State, such judgment will be given, under the act of Congress, the same force and effect as it has in the State where rendered. If it be shown that by the law of the State where the judgment was rendered, an appeal has the effect of suspending the judgment appealed from, or of staying the execution thereof, the pendency of such appeal is a material fact, to be proven in a suit upon the judgment in this State.</p> <p>3. SAME—of other States—action on, after appeal. But unless it appears that an appeal or writ of error suspends the judgment in the State where it is rendered, the pendency of the appeal or writ of error will be no bar to an action on the judgment in another State. The pendency of an appeal, which operates as a stay, is a matter to be proven as a defense to or in suspension of the action.</p> <p>4. Same—action on, after affirmance. Where a foreign judgment has been affirmed on appeal, it is not ne