faith and credit clause in Georgia

1969Under identical statutes not only has South Carolina held that full faith and credit would not be given to a modifiable decree, but Georgia also has twice held: "A decree for alimony of a sister State, providing for future monthly payments, which by its own terms is subject to be revoked or modified, as to the *493 amount to be paid thereunder, by the court rendering such decree, is not such a decree as is enforceable in this State under the full faith and credit clause of the Constitution of the United States, or upon principles of comity." Cureton v. Cureton, 132 Ga. 745 (2) ( 65 SE 65 ); Fe

1969Under identical statutes not only has South Carolina held that full faith and credit would not be given to a modifiable decree, but Georgia also has twice held: "A decree for alimony of a sister State, providing for future monthly payments, which by its own terms is subject to be revoked or modified, as to the *493 amount to be paid thereunder, by the court rendering such decree, is not such a decree as is enforceable in this State under the full faith and credit clause of the Constitution of the United States, or upon principles of comity." Cureton v. Cureton, 132 Ga. 745 (2) ( 65 SE 65 ); Fe

1988The cited cases follow the principles enunciated in Sistare v. Sistare, 218 U. S. 1, 17 (30 SC 682, 54 LE 905) (1910), which held that a judgment loses the protection of the full faith and credit clause “where by the law of the State in which a judgment for future alimony is rendered the right to demand and receive such future alimony is discretionary with the court which rendered the decree, to such an extent that no absolute or vested right attaches to receive the installments ordered by the decree to be paid, even although no application to annul or modify the decree in respect to alimony h

1981The United States Supreme Court has stated that “.. .generally speaking, where a decree is rendered for alimony and is made payable in future installments the right to such installments becomes absolute and vested upon becoming due, and is therefore protected by the full faith and credit clause, provided no modification of the decree has been made prior to the maturity of the installments, since, .. .‘alimony decreed to a wife in a divorce of separation from bed and board is as much a debt of record, until the decree has been recalled, as any other judgment for money is’.. .[T]his general rule

1974Plaintiffs former wife relies principally upon McLendon v. McLendon, 66 Ga. App. 156 ( 17 SE2d 252 ) and Napier v. Napier, 119 Ga. App. 143 ( 166 SE2d 583 ) in asserting that this court has previously upheld actions to recover alimony where the decree sued upon was subject to modification.

1974Plaintiffs former wife relies principally upon McLendon v. McLendon, 66 Ga. App. 156 ( 17 SE2d 252 ) and Napier v. Napier, 119 Ga. App. 143 ( 166 SE2d 583 ) in asserting that this court has previously upheld actions to recover alimony where the decree sued upon was subject to modification.

1985“Under the full faith and credit clause of the United States Constitution, ... a judgment of a foreign court will be enforced by the courts of this state unless it is shown that the foreign court lacked jurisdiction of the person or subject matter or that the judgment was procured by fraud.” Dropkin v. Dropkin, 237 Ga. 768, 770-771 ( 229 SE2d 621 ) (1976).

1985“Under the full faith and credit clause of the United States Constitution, ... a judgment of a foreign court will be enforced by the courts of this state unless it is shown that the foreign court lacked jurisdiction of the person or subject matter or that the judgment was procured by fraud.” Dropkin v. Dropkin, 237 Ga. 768, 770-771 ( 229 SE2d 621 ) (1976).

1956Roberts v. Roberts, 174 Ga. 645 ( 163 S. E. 735 ); Cureton v. Cureton, 132 Ga. 745, 751 ( 65 S. E. 65 ); Heakes v. Heakes, 157 Ga. 863, 867 ( 122 S. E. 777 ); McLendon v. McLendon, 66 Ga. App. 156, 159 ( 17 S. E. 2d 252 ).’” Henderson v. Henderson, 209 Ga. 148 ( 71 S. E. 2d 210 ). 2.

1956Roberts v. Roberts, 174 Ga. 645 ( 163 S. E. 735 ); Cureton v. Cureton, 132 Ga. 745, 751 ( 65 S. E. 65 ); Heakes v. Heakes, 157 Ga. 863, 867 ( 122 S. E. 777 ); McLendon v. McLendon, 66 Ga. App. 156, 159 ( 17 S. E. 2d 252 ).’” Henderson v. Henderson, 209 Ga. 148 ( 71 S. E. 2d 210 ). 2.

2025“Under the full faith and credit clause of the United States Constitution, a judgment of a foreign court will be enforced by the courts of this State.” Chambers v. Navare, 231 Ga. App. 318, 318 (1) ( 498 SE2d 173 ) (1998) (citation and punctuation omitted).

2025“Under the full faith and credit clause of the United States Constitution, a judgment of a foreign court will be enforced by the courts of this State.” Chambers v. Navare, 231 Ga. App. 318, 318 (1) ( 498 SE2d 173 ) (1998) (citation and punctuation omitted).

2022“Under the full faith and credit clause of the United States Constitution, a judgment of a foreign court will be enforced by the courts of this State.” Chambers v. Navara, 231 Ga. App. 318, 318 (1) ( 498 SE2d 173 ) (1998) (citation and punctuation omitted). “[T]he proper method for attacking a foreign judgment filed in Georgia under [OCGA § 9-12-130 et seq.] is a motion to set aside under OCGA § 9-11-60 (d).” Noaha, LLC v. Vista Antiques & Persian Rugs, 306 Ga. App. 323, 326 (1) ( 702 SE2d 660 ) (2010) (citations and punctuation omitted).

2022“Under the full faith and credit clause of the United States Constitution, a judgment of a foreign court will be enforced by the courts of this State.” Chambers v. Navara, 231 Ga. App. 318, 318 (1) ( 498 SE2d 173 ) (1998) (citation and punctuation omitted). “[T]he proper method for attacking a foreign judgment filed in Georgia under [OCGA § 9-12-130 et seq.] is a motion to set aside under OCGA § 9-11-60 (d).” Noaha, LLC v. Vista Antiques & Persian Rugs, 306 Ga. App. 323, 326 (1) ( 702 SE2d 660 ) (2010) (citations and punctuation omitted).

2002Crosby v. Wenzoski, 164 Ga. App. 266, 269 (1) ( 296 SE2d 162 ) (1982).

2002Crosby v. Wenzoski, 164 Ga. App. 266, 269 (1) ( 296 SE2d 162 ) (1982).

1984Stewart, for appellee. “[U]nder the full faith and credit clause of the constitution [cits.] a judgment of a court of competent jurisdiction in [California], if properly proved, may have the effect of former adjudication in matters pending in the courts of this State. [Cits.]” Roadway Express Inc. v. McBroom, 61 Ga. App. 223, 224 ( 6 SE2d 460 ) (1939).

1984Stewart, for appellee. “[U]nder the full faith and credit clause of the constitution [cits.] a judgment of a court of competent jurisdiction in [California], if properly proved, may have the effect of former adjudication in matters pending in the courts of this State. [Cits.]” Roadway Express Inc. v. McBroom, 61 Ga. App. 223, 224 ( 6 SE2d 460 ) (1939).

1984Held: Under the full faith and credit clause of the United States Constitution “ ‘a judgment of a foreign court will be enforced by the courts of this state unless it is shown that the foreign court lacked jurisdiction of the person or subject matter or that the judgment was procured by fraud. [Cit.]’ Dropkin v. Dropkin, 237 Ga. 768, 770 ( 229 SE2d 621 ) (1976).” Veazey v. Veazey, 246 Ga. 376, 377 ( 271 SE2d 449 ).

1984Held: Under the full faith and credit clause of the United States Constitution “ ‘a judgment of a foreign court will be enforced by the courts of this state unless it is shown that the foreign court lacked jurisdiction of the person or subject matter or that the judgment was procured by fraud. [Cit.]’ Dropkin v. Dropkin, 237 Ga. 768, 770 ( 229 SE2d 621 ) (1976).” Veazey v. Veazey, 246 Ga. 376, 377 ( 271 SE2d 449 ).

1987“Under the full faith and credit clause of the United States Constitution, a judgment of a foreign court will be enforced by the courts of this state.” Gordon v. Gordon, 237 Ga. 171 ( 227 SE2d 53 ) (1976).

1987“Under the full faith and credit clause of the United States Constitution, a judgment of a foreign court will be enforced by the courts of this state.” Gordon v. Gordon, 237 Ga. 171 ( 227 SE2d 53 ) (1976).

1958But where there has been personal service or the defendant appears and defends, a decree of divorce rendered by a court of another State and regular upon its face is not subject to attack in the courts of this State.” Marchman v. Marchman, 198 Ga. 739, 740 ( 32 S. E. 2d 790 ).

1958But where there has been personal service or the defendant appears and defends, a decree of divorce rendered by a court of another State and regular upon its face is not subject to attack in the courts of this State.” Marchman v. Marchman, 198 Ga. 739, 740 ( 32 S. E. 2d 790 ).

1951Joyner v. Joyner, 131 Ga. 217 ( 62 S. E. 182 , 18 L.R.A.

1951Joyner v. Joyner, 131 Ga. 217 ( 62 S. E. 182 , 18 L.R.A.

2024H. dependent was an interlocutory or non-final order, and “the courts of this State are not bound under the full faith and credit clause . . . to enforce pendente lite or interlocutory judgments of a sister State that are by their own terms subject to revision or revocation.” Ferster v. Ferster, 219 Ga. 543 ( 134 SE2d 600 ) (1964); see also Blue v. Blue, 243 Ga. 22, 23 ( 252 SE2d 452 ) (1979) (“Georgia is not required by the full faith and credit clause to recognize non-final decrees.”).

2024H. dependent was an interlocutory or non-final order, and “the courts of this State are not bound under the full faith and credit clause . . . to enforce pendente lite or interlocutory judgments of a sister State that are by their own terms subject to revision or revocation.” Ferster v. Ferster, 219 Ga. 543 ( 134 SE2d 600 ) (1964); see also Blue v. Blue, 243 Ga. 22, 23 ( 252 SE2d 452 ) (1979) (“Georgia is not required by the full faith and credit clause to recognize non-final decrees.”).

2003See generally Terry v. Mays, 161 Ga. App. 328 ( 291 SE2d 44 ) (1982) (the requirement of the full faith and credit clause is aided by the due process provision of the Constitution).

2003See generally Terry v. Mays, 161 Ga. App. 328 ( 291 SE2d 44 ) (1982) (the requirement of the full faith and credit clause is aided by the due process provision of the Constitution).

1951The record of the proceedings and decree in the Nevada court, which the defendant offered in evidence, shows on its face that the court had jurisdiction of the plaintiff (the defendant here), and that the plaintiff had his residence in Nevada; and, under the full faith and credit clause of the Federal Constitution, the trial court in this case was under a duty to accord prima facie validity to the Nevada decree; and, upon the admission of the judgment and record in that case, the burden was upon the plaintiff in this case, if she would escape the opera *11 tion of the decree, to show that' it

1951The record of the proceedings and decree in the Nevada court, which the defendant offered in evidence, shows on its face that the court had jurisdiction of the plaintiff (the defendant here), and that the plaintiff had his residence in Nevada; and, under the full faith and credit clause of the Federal Constitution, the trial court in this case was under a duty to accord prima facie validity to the Nevada decree; and, upon the admission of the judgment and record in that case, the burden was upon the plaintiff in this case, if she would escape the opera *11 tion of the decree, to show that' it

2016Clair & Associates v. Northwest *462 Carpets, 237 Ga. App. 537, 537-538 ( 515 SE2d 660 ) (1999) (“Under the full faith and credit clause of the United States Constitution, a judgment of a foreign court will be enforced by the courts of this State.

2016Clair & Associates v. Northwest *462 Carpets, 237 Ga. App. 537, 537-538 ( 515 SE2d 660 ) (1999) (“Under the full faith and credit clause of the United States Constitution, a judgment of a foreign court will be enforced by the courts of this State.

2014Pursuant to Article 4, Section 1 of the United States Constitution, “Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State.”23 And in Georgia, it is well established that “[u]nder the full faith and credit clause of the United States Constitution, a judgment of a foreign court will be enforced by the courts of this state.”24 In fact, the judgment 22 See Brewton, 316 Ga. App. at 707 (holding that trial court erred in denying father’s legitimation petition given father’s substantial compliance with statute). 23 See U.S. Cons

1996However, “aside from the full faith and credit clause of the Constitution, Congress would have no power to prescribe rules of evidence for State courts. [Cits.]” Edmonds v. State, 201 Ga. 108, 129 (6) ( 39 SE2d 24 ) (1946).

1996However, “aside from the full faith and credit clause of the Constitution, Congress would have no power to prescribe rules of evidence for State courts. [Cits.]” Edmonds v. State, 201 Ga. 108, 129 (6) ( 39 SE2d 24 ) (1946).