Central State Bank v. Moody

• Decision Date: 03 July 1931
• Citation: 40 S.W.2d 760,225 Mo.App. 446
• Parties: CENTRAL STATE BANK, RESPONDENT, v. U.S. MOODY ET AL., APPELLANT
• Court: Missouri Court of Appeals

40 S.W.2d 760

225 Mo.App. 446

CENTRAL STATE BANK, RESPONDENT, v. U.S. MOODY ET AL., APPELLANT

Court of Appeals of Missouri, Springfield

July 3, 1931

Appeal from the Circuit Court of Pemiscot County.--Hon. John E Duncan, Judge.

Judgment reversed and remanded.

McKay & Peal for appellant.

The plaintiff wholly failed by any competent evidence to prove the alleged judgments of the justice of the peace in the State of Tennessee. The authentication of the judgment of the justice of the peace of a foreign state cannot be made under the Act of Congress, but such authentication must be made as at common law, by the deposition of the justice or other sufficient evidence. 23 Cyc. 1568; Bannister v Campbell, 138 Cal. 455; Graham v. Grigg, 3 Harr. 408; Draggoo v. Graham, 9 Ind. 212; McElfatrick v. Taft, 10 Bush. 160; Holdridge v Marsh, 30 Mo.App. 352; Mahurin v. Bickford, 6 N.H. 567; Lawrence v. Gaultney (S. C.), Cheves., 7.

Sharp & Baynes for respondent.

As to whether or not the judgments of the justice of the peace may be certified under the Act of Congress so as to receive full faith and credit in the courts of a sister state, there is a divergence of opinion among the several states. Generally the matter is largely determined by statute. In Missouri we have obiter dicta both ways. For: Bank v. Evans, 32 Ia. 202; Menken v. Brinkley, 10 Pickle (Tenn.) 721; Case v. Huey, 26 Kans. 553; Bissel v. Edwards (Conn.), 5 Day 363; Scott v. Cleveland, 19 Ky. 62; Haid v. Britherton, 3 Cranch C. C. 594; Ault v. Zehering, 38 Ind. 422. Contra: Appellant cites us to some cases cited in 23 Cyc. 1568, and the authority of Cyc. is apparently retracted in the later work of Corpus Juris.

BAILEY, J. Cox, P. J., and Smith, J., concur.

OPINION

BAILEY, J.

--This is a suit instituted in the circuit court of Pemiscot county, based on three judgments rendered by a justice of the peace of Henderson county, Tennessee. The petition is in three counts, each count being based upon a certified copy of each respective judgment rendered in said Justice Court. The petition states that the judgments upon which the three counts are based were obtained upon three promissory notes in the sum of $ 154.80, $ 266.76 and $ 205.90 respectively. These judgments as introduced in evidence were exemplified by the affidavit of the Justice of Peace, one P. O. Roberts, and attested by the judge of the circuit court of the 12th Circuit of Tennessee, and A. B. Wallace, circuit court clerk. These certified copies of judgments and exemplification thereof were admitted in evidence over the objection of the defendants. Defendants offered a demurrer to plaintiff's evidence which was overruled and they stood on their demurrer. The jury then returned a verdict for plaintiff under the court's direction.

Defendants assign as error the action of the court in admitting the three judgments offered in evidence for the reason that they were improperly authenticated and that they were not entitled to due credence under the Act of Congress and under the laws of the State of Missouri, entitling foreign judgments to full faith and credit.

It is contended by plaintiff's counsel that the justice's judgments were proven as near as could be in accordance with the full faith and credit clause of the Act of Congress, and that it is to be presumed that the justice had jurisdiction over the subject-matter. If that contention be true, the judgment should be affirmed. But it has never been held in this State that the judgment of the Justice of the Peace proved itself, even though properly and duly authenticated. The authorities are at variance on the question as to whether or not an inferior court is entitled to full faith and credit such as is accorded, under the law, to judgments of courts of record. [34 C. J. 1154, Article 1635.] However that may be, it is almost universally held that no presumption of validity will be indulged in to support the judgment of an inferior court, such as a Justice of the Peace.

Referring to a judgment of a Justice of the Peace in a sister state, it has been held in this State that, "in order to prove a competent judgment given by such court establishing an indebtedness, it is essential to show, too, that by the laws of...