Keyser v. Lowell

Citations

• 117 F. 400
• 54 C.C.A. 574
• 1902 U.S. App. LEXIS 4446

Syllabus

<p>1. Constitutional Question—Jurisdiction of Circuit Court of Appeals.</p> <p>The circuit court of appeals has jurisdiction to review and to finally determine whether or not a state statute is obnoxious to the constitution of the United States in a case in which the jurisdiction of the circuit court originally attaches solely by reason of diverse citizenship, and the constitutional question subsequently arises.</p> <p>2. Constitutional Law—Judgment—Full Faith and Credit—Limitations Statute.</p> <p>A statute of a state (Act April 6, 1899; Sess. Laws Colo. 1899, c. 113), which by its terms bars the maintenance of an action in that state against its residents upon a judgment of a court of another state, which was founded on a cause of action that was barred in the former, but was not barred in the latter state, when the action in which the judgment was rendered was commenced, does not give full faith and credit to the records and judicial proceedings of the latter state, is obnoxious to article 4, f 1, of the national constitution, and to Act Cong. May 26, 1790 (1 Stat 122, c. 11; Rev. St. § 905), and is without force and void.</p> <p>3. Same.</p> <p>The states may enact limitation laws which accord and limit reasonable times for the commencement of actions upon judgments of courts of other states. But they may not bar all actions upon such judgments within their borders, and thereby render them without beneficial force or effect.</p> <p>4. Statutes of Limitations—Time an Essential Attribute.</p> <p>The essential attribute of a statute of limitations is that it accords and limits a reasonable time within which an action may be brought upon the causes of action which it affects. A statute which allows no time, but absolutely bars the causes of action, is not a statute of limitations.</p> <p>(Syllabus by the Court.)</p>