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Decrees Awarding Alimony, Custody of Children

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Decrees Awarding Alimony, Custody of Children ARTICLE IV STATES’ RELATIONS CONTENTS Page Section 1. Full Faith and Credit .............................................................................................. 921 Sources and Effect of Full Faith and Credit .................................................................... 921 Private International Law .......................................................................................... 921 Judgments: Effect to Be Given In Forum State .............................................................. 922 In General .................................................................................................................... 922 Jurisdiction: A Prerequisite to Enforcement of Judgments ..................................... 926 Judgments in Personam ...................................................................................... 927 Service on Foreign Corporations ......................................................................... 928 Service on Nonresident Motor Vehicle Owners ................................................. 929 Judgments in Rem ............................................................................................... 929 Divorce Decrees: Domicile as the Jurisdictional Prerequisite ................................. 930 Divorce Suit: In Rem or in Personam; Judicial Indecision .............................. 930 Williams I and Williams II .................................................................................. 932 Cases Following Williams II ............................................................................... 934 Claims for Alimony or Property in Forum State .............................................. 936 Decrees Awarding Alimony, Custody of Children .............................................. 938 Status of the Law ................................................................................................. 940 Other Types of Decrees ............................................................................................... 941 Probate Decrees .................................................................................................... 941 Adoption Decrees .................................................................................................. 942 Garnishment Decrees .......................................................................................... 942 Penal Judgments: Types Entitled to Recognition ..................................................... 943 Fraud as a Defense to Suits on Foreign Judgments ................................................ 943 Recognition of Rights Based Upon Constitutions, Statutes, Common Law .................. 944 Development of the Modern Rule .............................................................................. 944 Transitory Actions: Death Statutes .................................................................... 946 Actions Upon Contract ........................................................................................ 946 Stockholder Corporation Relationship ................................................................ 947 Fraternal Benefit Society: Member Relationship .............................................. 948 Insurance Company, Building and Loan Association: Contractual Relationships ..................................................................................................... 949 Workers’ Compensation Statutes ........................................................................ 951 Full Faith and Credit and Statutes of Limitation ............................................ 953 Full Faith and Credit: Miscellany .................................................................................... 953 Full Faith and Credit in Federal Courts .................................................................. 953 Evaluation Of Results Under Provision .................................................................... 954 Scope of Powers of Congress Under Provision ................................................................. 955 Judgments of Foreign States ............................................................................................. 956 Section 2. Interstate Comity ..................................................................................................... 956 Clause 1. State Citizenship: Privileges and Immunities ................................................ 956 Origin and Purpose ..................................................................................................... 956 How Implemented ....................................................................................................... 960 Citizens of Each State ................................................................................................ 960 919 920 ART. IV—STATES’ RELATIONS Section 2. Interstate Comity—Continued Clause 1. State Citizenship: Privileges and Immunities—Continued Corporations ......................................................................................................... 961 All Privileges and Immunities of Citizens in the Several States ........................... 961 Discrimination in Private Rights ............................................................................... 964 Access to Courts .......................................................................................................... 965 Taxation ........................................................................................................................ 966 Clause 2. Interstate Rendition .......................................................................................... 968 Duty to Surrender Fugitives From Justice ............................................................... 968 Fugitive From Justice Defined ............................................................................ 969 Procedure for Removal ......................................................................................... 970 Trial of Fugitives After Removal ........................................................................ 970 Clause 3. Fugitives From Labor ....................................................................................... 971 Section 3. Admission of New States; Property of United States ........................................... 972 Clause 1. Admission of New States to Union .................................................................. 972 Doctrine of the Equality of States ............................................................................. 972 Judicial Proceedings Pending on Admission of New States ............................. 976 Property Rights of States to Soil Under Navigable Waters ............................. 977 Clause 2. Property of the United States .......................................................................... 978 Property and Territory: Powers of Congress ............................................................. 978 Methods of Disposing of Property ....................................................................... 978 Public Lands: Federal and State Powers Thereover ......................................... 979 Territories: Powers of Congress Thereover ........................................................ 981 Section 4. Obligations of United States to States .................................................................. 982 Guarantee of Republican Form of Government ............................................................... 982 STATES’ RELATIONS ARTICLE IV SECTION 1. Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Man- ner in which such Acts, Records, and Proceedings shall be proved, and the Effect thereof. SOURCES AND EFFECT OF FULL FAITH AND CREDIT Private International Law The historical background of the Full Faith and Credit Clause is furnished by the branch of private law that is variously termed “private international law,” “conflict of laws,” and “comity.” This branch comprises a body of rules, based largely on the writings of jurists and judicial decisions, in accordance with which the courts of one country, or “jurisdiction,” will ordinarily, in the absence of a local policy to the contrary, extend recognition and enforcement to rights claimed by individuals by virtue of the laws or judicial decisions of another country or “jurisdiction.” Most frequently applied examples of these rules include the following: the rule that a marriage that is good in the country where performed (lex loci) is good elsewhere; the rule that contracts are to be interpreted in accordance with the laws of the country where entered into (lex loci contractus) unless the parties clearly intended otherwise; the rule that immovables may be disposed of only in accordance with the law of the country where situated (lex rei sitae); 1 the converse rule that chattels adhere to the person of their owner and hence are disposable by him, even when located elsewhere, in accordance with the law of his domicile (lex domicilii); the rule that, regardless of where the cause arose, the courts of any country where personal service of the defendant can be effected will take jurisdiction of certain types of personal ac- tions—hence termed “transitory”—and accord such remedy as the lex fori affords. Still other rules, of first importance in the present connection, determine the recognition that the judgments of the courts of one country shall receive
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