ify and fortify
these.[5] And in Hampton _v._ McConnell[6] some years later, Chief
Justice Marshall went even further, using language which seems to show
that he regarded the judgment of a State court as constitutionally
entitled to be accorded in the courts of sister States not simply the
faith and credit of conclusive evidence, but the validity of a final
judgment.
When, however, the next important case arose, the Court has come under
new influences. This was McElmoyle _v._ Cohen,[7] decided in 1839, in
which the issue was whether a statute of limitations of the State of
Georgia, which applied only to judgments obtained in courts other than
those of Georgia, could constitutionally bar an action in Georgia on a
judgment rendered by a court of record of South Carolina. Declining to
follow Marshall's lead in Hampton _v._ McConnell, the Court held that
the Constitution was not intended "materially to interfere with the
essential attributes of the _lex fori_"; that the act of Congress only
established a rule of evidence, of conclusive evidence to be sure, but
still of evidence only; and that it was necessary, in order to carry
into effect in a State the judgment of a court of a sister State, to
institute a fresh action in the court of the former, in strict
compliance with its laws; and that consequently, when remedies were
sought in support of the rights accruing in another jurisdiction, they
were governed by the _lex fori_. In accord with this holding it has been
further held that foreign judgments enjoy, not the right of priority or
privilege or lien which they have in the State where they are
pronounced, but only that which the _lex fori_ gives them by its own
laws, in their character of foreign judgments.[8] A judgment of a State
court, in a cause within its jurisdiction, and against a defendant
lawfully summoned, or against lawfully attached property of an absent
defendant, is entitled to as much force and effect against the person
summoned or the property attached, when the question is presented for
decision in a court in another State, as it has in the State in which it
was rendered.[9]
A judgment enforceable in the State where rendered must be given effect
in the other State, although the modes of procedure to enforce its
collection may not be the same in both States.[10] If the court has
acquired jurisdiction, the judgment is entitled to full faith and credit
though the court may not be able to enforce it by e
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