Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1895-04-26
DECISIONS BY ALIENS
The Supreme Court Has a Grave
Question to Solve.
THERE ARE MILLIONS INVOLVED
Orders OF Tribunals OF Other Nations
and What Effect They Will Have
in This Country.

dsnIngton, u. -, \ prlI 2l.-It Is gen
orally believed that the United States
supreme court will before the adjourn
ment of the present term render a de-
cision in the case involving the validity
of foreign judgments in the courts of
this country. Barring the question of a
rehearing in the income tax cases, this
Is probably the most important matter
now before the court, and the fact that
Notwithstanding the cases were argued
during the terms of 1s93-94 and are still
undecided, 1t would appear to indicate
that the members of the court have en-
countered difficulties in dealing with
them.
There are two of these cases. but the
points involved are so much alike that
decision In one will in all probability
be equal to decision In the other. The
first of the cases is that of Samuel j.
Richie VS.. James w. McMulin, and ii
Is an appeal from the decision of the
United States circuit court of the north
ern district of Ohio, affirming the judg-
ment of the Canadian court in McMul-
Inns behalf against Ritchle. The sec
ond is that of Henry Hilton and others
VS.. Gustavus Il. Guyot, from the United
States circuit court of the southern dis
trict of New York, affirming decision
against Hilton, successor to A. T. Stew
art 4 Co. for the sum of $3.50. 1853
In the latter case Guyot appears as
the official liquidator of the affairs of
the firm of Charles Forth q Co, glove
manufacturers. 1t appears that in 1866
Stewart 4 Co. entered into an agree
ment with Forth & Co. to sell in this
country all the gloves the French firm
M a To ha
profits equally. In 1879 there was dis
agreement and the French firm sued
the New York house in the tribunal of
commerce of Paris and obtained
Judgment. The case was appealed to
the Paris court of appeals, but the
judgment was affirmed. In the mean
time Stewart & Co. had closed the house
which they had hitherto maintained i'm
Paris and sold their property there.
The Paris firm then entered suit in the
federal court of New York and asked for
the execution of the decree of the
French courts. maintaining the suffi-
cheney of the judgments of the foreign
courts Their judge gave a Judgment
for the full amount. Hilton 4 Libby.
as successors of Stewart & Co. then
brought the case to the supreme court
of the United States, where it was twice
argued for Guyot by Messrs. William C.
Choate and William d. Chapman and
by Messrs. ]. C. Carter and Elihu Root
for Hilton & Libby.
Enormous interests are involved In
the decision 1t is said judgments to
the amount of 10000, 900 have been rem
dered in the Canadian courts alone
against American citizens. the validity
of which depends upon the decision in
is scarcely any doctrine of law which,
so far as regards formal and exact
statements. is in a more uncertain con-
dition than that relating to the force
and effect of the judgments of courts
rendered on one nation by the courts
of another. Many decisions have been
rendered in England, but they appear
to have left the question in an involved
and confused condition. Messrs. Carter
and Root laid down the proposition In
their argument on the Hilton case that
the question of the conclusiyeness of a
foreign judgment depends upon the cir
cumstances under which Ii was rem
dered. Where ii was not so conclusive
as to preclude inquiry into the original
merits or the controversy, then the
state Is under its ordinary obligation
to the party demanding the inquiry to
give him at least one full and fair OPP
portunity of having his cause adjudi-
Gated upon its original merits. This
opportunity, they claim, was denied
them in this case.
1t Is understood that a decision has
been reached by the court in the case,
but 1t is not known whether the opinion
of the court has been prepared or when
1t will be handed down. 1t is not con-
sidered probable, however. that the
court will again allow the matter to go
over through recess