Hinman v. Missouri, Kansas & Texas Railway Co.

Citations

• 83 Kan. 35
• 110 P. 102
• 1910 Kan. LEXIS 466

Syllabus

<p>syllabus BY THE COURT.</p> <p>1. Evidence — Judicial Notice — Statutes of Another State. Judicial notice not being taken of the statutes of the state of Missouri, it can not be known without proof whether filing a transcript of the judgment of a justice of the peace in a circuit court of that state gives to such judgment the effect of a judgment of the circuit court.</p> <p>2. Judgments — Justice of the Peace — Effect of Filing Transcript in the District Court. Assuming the statutes of the state of Missouri to be like those of this state, the filing of such a transcript in a circuit court does not have the effect . of making the judgment of the justice of the peace the judgment of the circuit court.</p> <p>3. -Evidence — Transcript of Justice’s Judgment — Certification. In order to make such a judgment admissible in evidence as an offset in an action prosecuted in one of the courts of this state a transcript of the circuit court record duly certified according to the act of congress is not sufficient.. A transcript of the justice’s judgment must be certified according to the statute of this state, the act of congress not. being applicable.</p> <p>4. -- Foreign — Full Faith and Credit — Justice’s Judgment —Jurisdiction. A judgment of a justice of the peace of another state may be brought within the protection of the full faith and credit clause of the federal constitution; but there are no presumptions in favor of the authority or jurisdiction of such an officer, and those facts must be established in some lawful way before it can be known to what faith and credit his acts and proceedings are entitled in this state.</p>