Terry
First National Bank v. Terry
Opinion
Lead Opinion
This is an action on a foreign judgment, the validity and enforceability of which was challenged in the trial court by the defendant on the several grounds hereinafter mentioned, all of which were pleaded as special defenses in the answer and by the trial court sustained. Accordingly, judgment was entered for defendant, and plaintiff has taken this appeal therefrom.
In determining the question of the enforceability of a judgment theretofore entered in a court of record of a sister state, it is a fundamental principle of law universally recognized, that the “full faith and credit” clause of the federal Constitution (art. IV, sec. 1) requires only that the judgment be given such faith and credit as it had by the law or usage of the state of its origin. (Board of Public Works v. Columbia College, 17 Wall. (U. S.) 521 [ 21 L. Ed. 687 , see, also, Rose’s U. S. Notes].) [2] The judgment here sued upon was entered by confession in the records of the Circuit Court of Piatt County, Illinois; and it appears without contradiction from the judgment itself as well as from the other court records introduced in evidence at the trial by appellant, that the judgment was entered by the clerk of…