Hunt v. Snyder

Citations

• 261 Pa. 257
• 104 A. 603
• 1918 Pa. LEXIS 725

Syllabus

<p>Judgments — Foreign judgments — Bes adjudícala — Jurisdiciion ■ — Evidence—Husband and wife — Necessaries — Desertion — Support.</p> <p>1. The general rule is that a judgment of a court of competent jurisdiction is final and conclusive and must be given full faith and credit in other jurisdictions as to all matters in controversy, or which with proper diligence might have been interposed as a defense in the original action; such judgment, however, is conclusive only in so far as responsive to the pleadings; and in an action brought thereon in another state, evidence may be offered to show that the subject-matter involved was not included in the proceeding in the foreign jurisdiction, or that the court which rendered the judgment was without jurisdiction of the cause'of action or of the party.</p> <p>2. In a, suit on a judgment obtained in New York, in an action instituted by a wife to recover the cost of necessaries purchased by her for herself and children and paid for out of her earnings, it appeared from the affidavit of defense that, in the action on which the judgment was entered, defendant had alleged that his wife had caused his arrest in Schuylkill County, Pa., for desertion and nonsupport, and that the court, after hearing, had made an order on defendant for the payment of $20 per month, but had subsequently revoked its order, that the case was tried before a jury and a verdict for plaintiff was rendered upon which the judgment on which the action was brought was entered. The lower court entered judgment for plaintiff for want of a sufficient affidavit, of defense. Held, that while the judgment of the court of Schuylkill County in revoking its earlier order was conclusive of the right of the wife to support in desertion proceedings at that time, it was not conclusive of her right at a different time upon a different state of facts' to support, or conclusive of her right to recover in an action of assumpsit for money paid for necessaries; and that as the