Lutz v. Roberts Cotton Oil Co.

Citations

• 26 Del. 227
• 3 Boyce 227
• 82 A. 601
• 1912 Del. LEXIS 24

Syllabus

<p>1. Judgment—Conclusiveness.</p> <p>Where a court has jurisdiction of the subject-matter of a suit and of the .parties to it, its judgment on the merits is conclusive between the parties on every question of fact directly in issue and determined in the action, to which judgment, whether declared on as a cause of action or pleaded as a defense, the courts of all the states are bound to give full faith and credit.</p> <p>2. Judgment—Conclusiveness—Full Faith and Credit.</p> <p>To render a judgment in the courts of one state conclusive in the courts of another state under the full faith and credit clause of the federal Constitution, the court in which the judgment has been recovered must have had jurisdiction of the subject-matter of the suit and of the parties, and when a judgment is recovered in an action or proceeding in rent it must appear that the court had jurisdiction of the res or thing itself.</p> <p>3. Judgment—Foreign Judgment—Full Faith and Credit—Jurisdiction.</p> <p>The full faith and credit clause of the federal Constitution, and the act of Congress based thereon, do not prevent an inquiry into the jurisdiction of the court by which a foreign judgment offered in evidence was rendered; the judgment being entitled to no greater force abroad than in the jurisdiction where rendered.</p> <p>4. Judgment—Foreign Attachment—Service—Effect.</p> <p>An attachment of a nonresident defendant’s property within the jurisdiction, without personal service on him, while sufficient to enable the courts to subject the property attached to their jurisdiction, is insufficient as a foundation for a personal judgment.</p> <p>5. Constitutional Law—“Due Process of Law”—Foreign Attachment.</p> <p>Attachment of a nonresident’s property within the jurisdiction^ without personal service on the defendant, constitutes due process of law, within the federal Constitution, in so far as it reaches and affects the defendant’s property lawfully attached.</p> <p>6. Judgment—Property of Nonr