Faber v. Hovey

• Decision Date: 26 January 1875
• Citation: 117 Mass. 107
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court
• Parties: Eberhard Faber v. Samuel D. Hovey & another

117 Mass. 107

Eberhard Faber v. Samuel D. Hovey & another

Supreme Court of Massachusetts

January 26, 1875

Middlesex. Contract on a judgment of the Supreme Court of the County and State of New York. The case was submitted to the Superior Court, and to this court on appeal, upon an agreed statement of facts in substance as follows:

A judgment was recovered in the State of New York, at the time and for the amount alleged, by the plaintiff against these defendants. An appeal was duly taken, under the laws of New York, from said judgment to the general term of the Supreme Court of that State, and the said appeal was there pending at the commencement of this action, and is still there pending. By the laws of New York, upon an appeal being taken from a judgment, such appeal does not stay the proceedings or the execution of the judgment, unless a written undertaking be executed, on the part of the appellant, by at least two sureties, to the effect that if the judgment appealed from or any part thereof, be affirmed, the appellant will pay such judgment and all costs and damages which shall be awarded against the appellant upon the appeal. In this case, no security was given by the defendants, or either of them, as is required by the laws of New York, to stay proceedings in the suit, or upon the judgment, upon such appeal being taken or to prevent the issuing of an execution upon the judgment and their property, and the property of either of them, in the State of New York, is liable to be taken upon an execution issued upon such judgment, in order to satisfy the same, their said appeal and its due prosecution and pendency to the contrary notwithstanding. And by the laws of the State of New York, upon reversal or modification by the appellate court of the judgment aforesaid, such court may make order for the restitution of money paid, or property and rights, if any, lost by reason of the judgment so reversed or modified.

If upon the above facts the plaintiff is entitled to judgment in this action, in this court, then judgment is to be entered for him according to his declaration, for the amount of said judgment, with interest thereon from the date of the rendition thereof to the date of judgment in this court, with costs; otherwise, for the defendants.

On the foregoing facts the Superior Court ordered judgment for the plaintiff, and the defendants appealed to this court.

Judgment for the plaintiff.

P. Thacher, for the plaintiff.

B. F. Jacobs, for the defendants.

Gray, C. J. Ames & Endicott, JJ., absent.

OPINION

Gray, C. J.

The Constitution of the United States declares that full faith and credit shall be given in each state to the public acts records and judicial proceedings of every other state; and empowers Congress by general laws to prescribe the manner in which such acts,...