comity doctrine in South Dakota

2007Id. -7- #23998 [¶17.] At the comity hearing conducted in the circuit court, Father testified that Mother had lived in either Sisseton or Biloxi, Mississippi 7 the entire time of their marriage.

2007Id. [¶ 17.] At the comity hearing conducted in the circuit court, Father testified that Mother had lived in either Sisseton or Biloxi, Mississippi 7 the entire time of their marriage.

1985The Hilton Court went on to specify the circumstances that must exist as a condition precedent to the application of the doctrine of comity: [W]e are satisfied that where there has been opportunity for a full and fair trial abroad before a court of competent jurisdiction, conducting the trial upon regular proceedings, after due citation or voluntary appearance of the defendant, and under a system of jurisprudence likely to secure an impartial administration of justice between the citizens of its own country and those of other countries, and there is nothing to show either prejudice in the cour

1985The Hilton Court went on to specify the circumstances that must exist as a condition precedent to the application of the doctrine of comity: [W]e are satisfied that where there has been opportunity for a full and fair trial abroad before a court of competent jurisdiction, conducting the trial upon regular proceedings, after due citation or voluntary appearance of the defendant, and under a system of jurisprudence likely to secure an impartial administration of justice between the citizens of its own country and those of other countries, and there is nothing to show either prejudice in the cour

2016Langdeau v. Langdeau, 2008 S.D. 44 , ¶ 39, 751 N.W.2d 722, 734 .

1990Although a good argument may be made that the issues are not moot (for example, he may later challenge jurisdiction in a federal habeas corpus proceeding), we may, should and do hereby recognize the federal determination based on the doctrine of comity. 2 In Mexican v. Circle Bear, 370 N.W.2d 737 (S.D.1985), we adopted the following conditions precedent to the application of the doctrine of comity: (1) The foreign court actually had jurisdiction over both the subject matter and the parties; (2) The decree was not obtained fraudulently; (3) The decree was rendered by a system of law reasonably

1990As we explained in Mexican v. Circle Bear, 370 N.W.2d 737 (S.D.1985), the doctrine of comity will not be applied to the judgment of a foreign court unless that court actually had jurisdiction over both the subject matter and the parties.

1985See Emerson-Brantingham Implement Co. v. Ainslie, 38 S.D. 472 , 161 N.W. 1001 (1917); Knittle v. Ellenbusch, 38 S.D. 22 , 159 N.W. 893 (1916).

1985See Emerson-Brantingham Implement Co. v. Ainslie, 38 S.D. 472 , 161 N.W. 1001 (1917); Knittle v. Ellenbusch, 38 S.D. 22 , 159 N.W. 893 (1916).