Roche v. McDonald, 275 U.S. 449 (1928). · Go Syfert
Roche v. McDonald, 275 U.S. 449 (1928). Cases Citing This Book View Copy Cite
362 citation events (47 in the last 25 years) across 65 distinct courts.
Strongest positive: Widenhouse v. Colson (sc, 2013-08-07) · Strongest negative: Pan Energy v. Martin (utah, 1991-05-24)
Treatment trajectory · 1928 → 2026 · click a year to view as-of
1928 1977 2026
Top citers, strongest first. 31 distinct citers.
examined Cited "but see" Pan Energy v. Martin (3×)
Utah · 1991 · signal: but see · confidence high
But see Roche v. McDonald, 275 U.S. 449 , 48 S.Ct. 142 , 72 L.Ed. 365 (1928). 5 Thus, a state may, under the full faith and credit clause, apply its own statute of limitations to the enforcement of a foreign judgment. 6 Furthermore, in this case the Oklahoma judgment was filed in Utah before becoming dormant, thereby creating a new Utah judgment for purposes of enforcement.
examined Cited as authority (quoted) Widenhouse v. Colson (3×)
S.C. · 2013 · quote attribution · 3 verbatim quotes · confidence low
he judgment, if valid where rendered, must be enforced in such other state although repugnant to its own statutes.
discussed Cited as authority (rule) WV 23 Jumpstart, LLC v. Mynarcik
N.M. Ct. App. · 2023 · confidence medium
Gunaji v. Macias, 2001-NMSC-028, ¶ 9 , 130 N.M. 734 , 31 P.3d 1008 (stating that our appellate courts do not decide moot issues). 3 1 (stating that the interpretation of a foreign judgment is a question of law); see also 2 Pinghua Zhao v. Montoya, 2014-NMSC-025, ¶ 11 , 329 P.3d 676 (“Questions of 3 statutory and constitutional interpretation are reviewed de novo.”). 4 {6} Article IV, Section 1 of the United States Constitution requires that “Full Faith 5 and Credit shall be given in each State to the . . . judicial Proceedings of every other 6 State.” In other words 7 the judgment of…
cited Cited as authority (rule) WV 23 Jumpstart, LLC v. Mynarcik
N.M. Ct. App. · 2023 · confidence medium
Roche v. McDonald, 275 U.S. 449, 451-52 (1928).
discussed Cited as authority (rule) David S. Karton v. Dougherty CA2/1
Cal. Ct. App. · 2022 · confidence medium
For claim and issue preclusion (res judicata) purposes, in other words, the judgment of the rendering [s]tate gains nationwide force.” (Baker v. General Motors Corp. (1998) 522 U.S. 222, 233 (Baker), fn. omitted.) The purpose of the clause is “ ‘ to alter the status of the several states as independent foreign sovereignties, each free to ignore obligations created under the laws or by the judicial proceedings of the others, and to make them integral parts of a single nation.’ ” (Williams v. North Carolina (1942) 317 U.S. 287, 295 .) Generally, under the full faith and credit clause, …
discussed Cited as authority (rule) Smith v. Dover Home & Carpet, Inc.
Mass. Dist. Ct., App. Div. · 2012 · confidence medium
This appeal followed. “ [T]he judgment of a State court which had jurisdiction of the parties and the subject matter in suit, shall be given in the courts of every other State the same credit, validity and effect which it has in the State where it was rendered, and be equally conclusive upon the merits....” Roche v. McDonald, 275 U.S. 449, 451-452 (1928).
discussed Cited as authority (rule) Evans v. Lorillard Tobacco Co.
Mass. Super. Ct. · 2011 · confidence medium
The Full Faith and Credit Clause of the Constitution requires that “the judgment of a State court which had jurisdiction of the parties and the subject-matter in suit, shall be given in the courts of every other State the same credit, validity and effect which it has in the State where it was rendered, and be equally conclusive upon the merits].]” Wright Machine Corp. v. Seaman-Andwall Corp., 364 Mass. 683, 689 (1974), quoting Roche v. McDonald, 275 U.S. 449, 451-52 (1928).
discussed Cited as authority (rule) Craven v. Southern Farm Bureau Casualty Insurance Co.
Colo. Ct. App. · 2004 · confidence medium
For claim and issue preclusion (res judicata) purposes, in other words, the judgment of the rendering State gains nationwide force.” (footnote omitted)); Roche v. McDonald, 275 U.S. 449, 452-53 , 48 S.Ct. 142, 143 , 72 L.Ed. 365, 368 (1928)(“the Full Faith and Credit Clause ... requires that the judgment of a State court which had jurisdiction of the parties and the subject-matter in suit, shall be given in the courts of every other State the same credit, validity and effect which it has in the State where it was rendered, and be equally conclusive upon the merits” and “the judgment, i…
discussed Cited as authority (rule) The Mirage Casino-Hotel v. Pearsall
Tenn. Ct. App. · 1997 · confidence medium
Roche v. McDonald, 275 U.S. 449, 451-52 (1928); Converse v. Hamilton, 224 U.S. 243, 259 (1912); Tilt v. Kelsey, 207 U.S. 43, 57 (1907); Hancock National Bank v. Farnum, 176 U.S. 640, 643 (1900); Cheever v. Wilson, 76 U.S. 108 (1869); D’Arcy v. Ketchum, 52 U.S. 165 (1850); Hampton v. M’Connel, 16 U.S. 234 (1818); Mills v. Duryee, 11 U.S. 481 (1813).
cited Cited as authority (rule) Peoples Heritage Savings Bank v. Dombrowski
Mass. Super. Ct. · 1997 · confidence medium
Trust Inc., supra at 507, quoting Roche v. McDonald, 275 U.S. 449, 452-53 (1928).
discussed Cited as authority (rule) C.F. Trust, Inc. v. Peterson
Mass. Super. Ct. · 1997 · confidence medium
Trust lacks standing, and that the value and ownership of the notes is still undetermined cannot be relitigated in this court. 9 In sum, the principles of full faith and credit mandate that “the judgment, if valid where rendered, must be enforced in such other State although repugnant to its own statutes.” Roche v. McDonald, 275 U.S. 449, 452-53 (1928) (emphasis added).
discussed Cited as authority (rule) Smith v. Shelter Mutual Insurance Co.
Okla. · 1994 · confidence medium
In Roche v. McDonald, 275 U.S. 449, 452 , 48 S.Ct. 142, 143 , 72 L.Ed. 365, 368 (1928), the Supreme Court stated that "the full faith and credit clause ... requires that the judgment of a State court which had jurisdiction of the parties and the subject-matter in suit, shall be given in the courts of every other State the same credit, validity and effect which it has in the State where it was rendered, and be equally conclusive upon the merits ...
cited Cited as authority (rule) Leslie J. Fox v. William E. Miller
Tex. App. · 1993 · confidence medium
Roche v. McDonald , 275 U.S. 449, 451-52 (1928).
cited Cited as authority (rule) Elortegui v. Elortegui
Fla. Dist. Ct. App. · 1993 · confidence medium
Roche v. McDonald, 275 U.S. 449, 452 , 48 S.Ct. 142, 143 , 72 L.Ed. 365, 368 (1928).
cited Cited as authority (rule) First National Bank of Houma v. Bailey
Mass. App. Ct. · 1990 · confidence medium
As held in Roche v. McDonald, 275 U.S. 449, 451-452 (1928), and quoted in Wright Mach.
discussed Cited as authority (rule) Campbell v. Campbell
Mo. Ct. App. · 1989 · confidence medium
Article IV, § 1 of the Federal Constitution requires each state to give “Full Faith and Credit ... to the Judicial Proceedings of every other State.” This language means “[t]he judgment of a [sister] State with jurisdiction over the parties and the subject matter [must] ‘be given in the courts of every other state the same credit, validity and effect which it has in the State where it was rendered.’ ” Young Electric, Inc. v. Susman, 533 S.W.2d 625, 628 (Mo.App.1975), quoting Roche v. McDonald, 275 U.S. 449, 451-52 , 48 S.Ct. 142, 143 , 72 L.Ed. 365, 368 (1928).
discussed Cited as authority (rule) Maglio & Kendro v. Superior Enerquip
N.J. Super. Ct. App. Div. · 1989 · confidence medium
Super. at 708-709 . [3] See Wis. Stat. §§ 801.05-801.11 . [4] The full faith and credit clause requires that a state enforce a judgment of a sister state although the suit in which the judgment was obtained "could not have been maintained under the laws and policy of the forum to which the judgment is brought," Magnolia Petroleum Co. v. Hunt, 320 U.S. 430, 439 , 64 S.Ct. 208, 213 , 88 L.Ed. 149, 155 (1943); see also Morris v. Jones, 329 U.S. 545, 551 , 67 S.Ct. 451, 455 , 91 L.Ed. 488, 495-496 (1947); Kenney v. Supreme Lodge of the World, Loyal Order of Moose, 252 U.S. 411, 415 , 40 S.Ct. 37…
discussed Cited as authority (rule) Chapman v. State
Ga. Ct. App. · 1986 · confidence medium
“It is settled by repeated decisions of [the United States Supreme Court] that the full faith and credit clause of the Constitution requires that the judgment of a [s]tate court which had jurisdiction of the parties and the subject-matter in suit, shall be given in the courts of every other [s]tate the same credit, validity and effect which it has in the [s]tate where it was rendered, and be equally conclusive upon the merits. . . .” Roche v. McDonald, 275 U. S. 449, 451-52 (48 SC 142, 72 LE 365) (1928).
discussed Cited as authority (rule) Stewart v. Stewart
W. Va. · 1980 · confidence medium
The classic formulation of the Full Faith and Credit Clause was summarized in Roche v. McDonald, 275 U.S. 449, 451-452 , 48 S.Ct. 142, 143 , 72 L.Ed. 365, 368 (1928): “[T]he judgment of a State Court which had jurisdiction of the parties and the subject-matter in suit, shall be given in the courts of every other State the same credit, validity and effect which it has in the State where it was rendered and be equally conclusive upon the merits..” This principle has resulted in the general requirement that a state give at least the same res judicata effect to the judgment of a sister state w…
discussed Cited as authority (rule) Wright MacHine Corp. v. Seaman-Andwall Corp. (2×)
Mass. · 1974 · confidence medium
See Restatement: Judgments, § 45 (1942). 6 The *689 effects of the res judicata doctrine extend to judgments rendered in other States through the full faith and credit clause of the Constitution, which requires that “the judgment of a State court which had jurisdiction of the parties and the subject-matter in suit, shall be given in the courts of every other State the same credit, validity and effect which it has in the State where it was rendered, and be equally conclusive upon the merits . . ..” Roche v. McDonald, 275 U. S. 449,451-452 (1928).
discussed Cited as authority (rule) Kubon v. Kubon (2×)
Cal. · 1958 · confidence medium
(Morris v. Jones, 329 U.S. 545, 553 [ 67 S.Ct. 451 , 91 L.Ed. 488 , 168 A.L.R. 656 ]; Titus v. Wallick, 306 U.S. 282, 291 [ 59 S.Ct. 557 , 83 L.Ed. 653 ]; Roche v. McDonald, 275 U.S. 449, 451-452 [ 48 S.Ct. 142 , 72 L.Ed. 365 , 53 A.L.R. 1141 ]; Fauntleroy v. Lum, 210 U.S. 230, 236 [ 28 S.Ct. 641 , 52 L.Ed. 1039 ].) It has pointed out that in the case of valid final judgments for the payment of money, the exceptions to the full faith and credit clause are rare or nonexistent (Morris v. Jones, 329 U.S. 545, 553 [ 67 S.Ct. 451 , 91 L.Ed. 488 , 168 A.L.R. 656 ]; Magnolia Petroleum Co. v. Hunt, 32…
discussed Cited as authority (rule) Phillips v. Griffen
N.Y. App. Div. · 1932 · confidence medium
(Fauntleroy v. Lum, 210 U. S. 230, 237 .) “ It is settled by repeated decisions of this court that the full faith and credit clause of the Constitution requires that the judgment of a State court which had jurisdiction of the parties and the subject-matter in suit, shall be given in the courts of every other State the same credit, validity and effect which it has in the State where it was rendered, and be equally conclusive upon the merits; and that only such defenses as would be good to a suit thereon in that State can be relied on in the courts of any other State.” (Roche v. McDonald, 27…
discussed Cited "see" Howell Management Services v. Vashisht-Rota CA4/1
Cal. Ct. App. · 2025 · signal: see · confidence high
For claim and issue preclusion (res judicata) purposes, in other words, the judgment of the rendering State gains nationwide force.” (Baker v. General Motors Corp. (1998) 522 U.S. 222, 233 , fn. omitted; see Roche v. McDonald (1928) 275 U.S. 449 , 451–452 [judgment of state court with jurisdiction over subject matter and parties is “equally conclusive upon the merits” in courts of every other state].) Full faith and credit requires that “a judgment entered by one state must be recognized by another state if the state of rendition had jurisdiction over the parties and the subject matt…
cited Cited "see" Shaari v. Harvard Student Agencies, Inc.
Mass. · 1998 · signal: see · confidence high
See Roche v. McDonald, 275 U.S. 449, 452 (1927).
examined Cited "see" Lee v. Ferryman (3×)
unknown court · 1997 · signal: see · confidence high
See Roche v. McDonald, 275 U.S. 449 , 48 S. Ct. 142 , 72 L.
discussed Cited "see" Effert v. Kalup (2×)
Wash. Ct. App. · 1986 · signal: see · confidence high
See Roche v. McDonald, 275 U.S. 449 , 72 L.
examined Cited "see" Fuhrman v. United America Insurors (3×)
Minn. · 1978 · signal: see · confidence high
See, Roche v. McDonald, 275 U.S. 449 , 48 S.Ct. 142 , 72 L.Ed. 365 (1928); 50 C.J.S., Judgments, § 889c.
examined Cited "see" William A. Porter v. W. Francis Wilson (3×)
9th Cir. · 1970 · signal: see · confidence high
See, Roche v. McDonald, 275 U.S. 449, 454-455 , 48 S.Ct. 142 , 72 L.Ed. 365 (1928).
discussed Cited "see" Irving Trust Company v. Kaplan (2×)
Fla. · 1944 · signal: see · confidence high
See Roche v. McDonald, 275 U. S. 449 , 72 L.
examined Cited "see" Iowa-Wisconsin Bridge Co. v. Phoenix Finance Corp. (3×)
Del. · 1942 · signal: see · confidence high
See Roche v. McDonald, 275 U. S. 449 , 48 S. Ct. 142 , 72 L.
examined Cited "see" Waybright v. Columbian Mut. Life Ins. Co. (4×)
W.D. Tenn. · 1939 · signal: see · confidence high
See the same principle of the binding effect of a judgment by virtue of the “full faith and credit clause” recognized in Roche v. McDonald, 275 U.S. 449 , 48 S.Ct. 142 , 72 L.Ed. 365 , 53 A.L.R. 1141 ; Huntington v. Attrill, 146 U.S. 657 , 13 S.Ct. 224 , 36 L.Ed. 1123 .
ROCHE
v.
McDONALD
38.
Supreme Court of the United States.
Jan 3, 1928.
275 U.S. 449
„ Messrs. Beverly C. Mosby and Lucius G. Nash were on the brief for petitioner., Mr. W.'G. Graves was on the brief for réspondent.
Sanford.
Cited by 141 opinions  |  Published
1 passages pin-cited by 1 case
Pinpoint authority: bottom 80%
Citer courts: Supreme Court of South Carolina (3)
Mr. Justice Sanford

delivered the opinion of the Court.

This writ of error is brought to review a judgment of the Supreme Court of the State of Washington which is challenged on the ground that the full faith and credit prescribed by § 1 of Art. IY of the Constitution .was not given to a judgment of a court of the. State of Oregon on which the.plaintiff in error relied. As this does not present a ground for the writ of error under § 237 (a) of the Judicial Codé, as amended by the Jurisdictional Act of 1925, [1] this writ is dismissed for want of jurisdiction. But since the papers show adequate reason for invoking a review by a petition for certiorari, that writ is granted, [2] and we proceed to the consideration of the case on the merits.

The parties to this suit have been for many years residents of Washington. On June '24, 1918, one Dart recovered a judgment for $12,500 against McDonald in a superior court of Washington. In February, 1924, Dart-assigned this judgment to Roche. In March, McDonald being then temporarily employed in Oregon, Roche brought suit against him upon,this judgment in a circuit court of that State. He was personally served with a summons, appeared and demurred to the complaint. This demurrer was overruled. He then elected to plead no further and did not answer’the complaint. Subsequently, in October, T924 — more than six years after the rendition pf the' Washington judgment-judgment was rendered[*451] against him in default, of answer for the amount of the original judgment, with intérest.

Shortly thereafter, Roche brought this suit against McDonald, upon the Oregon judgment, in the superior court of Washington. McDonald .answered, denying the validity of the Oregon judgment under a Washington statute which provided that after six years from the rendition of any judgment it should cease to be a charge against' the judgment debtor, and no suit should be had extending its duration or continuing it in force beyond such six years. [3] Roche replied, setting up and relying' upon the full faith and credit clause of the Constitution.

The superior court entered judgment for McDonald. This was affirmed by the Supreme Court of Washington, which held that under the Washington statute the original judgment expired at the end of six years from its rendition and could not be extended by another suit; that having'been rendered when the original judgment had become a nullity, the Oregon judgment had no legal foundation, and, as it would have been void and of no effect if rendered under like circumstances by a court of Washington, could be given no force or effect when sued upon in Washington; and that under the full faith and credit clause the courts of Washington “ are not bound to give full faith and credit to the Oregon judgment according to its literal terms, but are, privileged and have the duty to view that judgment in the light of the foundation upon which .it rests and the judgment law of our own state.” 136 Wash. 322.

It is settled by repeated decisions of this Court that the full faith and credit clause of the Constitution requires that the judgment of á State court which had jurisdiction of the parties .and the subject-matter in suit, shall be given in .the courts of every other State the same credit, validity and effect which it has in- the State where it was[*452] rendered, and be equally conclusive upon the merits; and that only such defenses as would be good to a suit thereon in that .State can be relied on in the courts of any other State. Mills v. Duryee, 7 Cranch 481, 484; Hampton v. McConnel, 3 Wheat. 234, 235; D’Arcy v. Ketchum, 11 How. 165, 175; Cheever v. Wilson, 9 Wall. 108, 123; Hancock National Bank v. Farnum, 176 U. S. 640, 643; Tilt v. Kelsey, 207 U. S. 43, 57; Converse v. Hamilton, 224 U. S. 243, 259. This rule is applicable where a judgment in one State is based upon a cause of action which arose in the State in which it is sought to be enforced, as well as in other-cases; and the judgment, if valid where rendered, must be enforced in such other State although repugnant to its own statutes. Christmas v. Russell, 5 Wall. 290, 302; Fauntleroy v. Lum, 210 U. S. 230, 236; Kenney v. Supreme Lodge, 252 U. S. 411, 415.

In Christmas v. Russell, supra, the defendant, a resident of Mississippi, executed there a promissory note, which was endorsed by the payee to the plaintiff, • a resident of Kentucky. After action on this note had been barred by the Mississippi statute of limitation,- the defendant having-come into Kentucky ón a visit, was there sued on the note. His defense on the statute of limitations of Mississippi was overruled, and judgment was entered for the plaintiff. The plaintiff then, brought suit upon this Kentucky judgment in the Federal circuit court of, Mississippi," where the defendant madé defense under another statute of Mississippi, which provided that no action should be maintained' on any judgment rendered against a resident of the State by any court without the State where the cause of action would-have been barred .by limitation if the suit had been brought within the State. The defense was oyerruled, and judgment entered for the plaintiff. This was affirmed here on the ground that under- the full faith and credit clause this Mississippi statute was unconstitutional. and void as affecting the right of the plaintiff to enforce the[*453] Kentucky judgment; the Court saying that since that judgment was valid in Kentucky and conclusive between the parties there, it was mot competent for any other State, to authorize its courts .to open the merits and review the cause, or to enact-that Such a judgment should-not receive the same faith and credit that by law it had in the courts of the State from which it was taken. '

In Fauntleroy v. Lúm, supra, the original cause of action arose in Mississippi out of a gambling contract in cotton futures. The laws of Mississippi made dealing in futures a misdemeanor, and provided that such contracts should not -be enforced by any court.”. The controversy had been submitted to.arbitration, and'an award made against the defendant. Thereafter, finding the defendant tern-, porarily in Missouri, the plaintiff brought suit there upon the award. The court refused to allow the defendant to show the nature of the transaction and its illegality under the laws of Mississippi, and entered judgment for the plaintiff. Suit was then brought upon this Missouri judgment in a court of Mississippi. Judgment.was entered for the' defendant which was affirmed by the Supreme Court of Mississippi. This Court, in reversing that judgment, said: “ The .'doctrine laid down by Chief Justice Marshall was ‘ that the judgment of a state-court should' have the same credit, validity, and effect, in every other' court in the United States, which it had in the State where it was pronounced, -and that whatever pleas would be good to a suit thereon in such State, and none others, could be pleaded in any other court in the United States.’ Hampton v . McConnel, 3 Wheat. 234. . . . Whether the award would, or would not have been conclusive, and whether the ruling of the Missouri court upon that matter was right or wrong, there can be no question that the' judgment was conclusive in Missouri on the validity of the cause of action. . . . A judgment is conclusive as to all the media concludendi, United States v. California [*454] & Oregon Land Co., 192 U. S. 355; and it needs no authority to show that it cannot be impeached either in or out of the State by showing that it was based upon a mistake of law. Of course a want of jurisdiction over éither the person or the subject-matter might be shown. Andrews v. Andrews, 188 U. S. 14; Clarke v. Clarke, 178 U. S. 186. But as the jurisdiction of the Missouri court is not open to-dispute the judgment cannot be impeached in Mississippi even if it went upon a misapprehension of the Mississippi law.” This case was cited and followed in American Express Company v. Mullins, 212 U. S. 311, 314, holding that under the full faith and. credit clause a judgment in one State was conclusive as to all the media conclu- dendi, and could not be impeached in another State by showing that it was based upon a mistake of law.

In Kenney v. Supreme Lodge, 252 U. S. 411, a suit was brought in Illinois upon an Alabama judgmeUt based-upon a cause of action which under an Illinois statute could not be brought or prosecuted in that State. This Court, in holding that the Illinois statute was repugnant to the full faith and credit clause, said: “ In Fauntleroy v. Lum, 210 U. S. 230, it was held that the courts of Mississippi were bound to enforce a judgment rendered in Missouri upon a cause of action arising in . Mississippi and illegal and void there. The policy of Mississippi was more actively contravened in that case than the policy of Illinois is in this. Therefore the fact that here the original cause of action could not have been maintained in Illinois is not an answer to a suit upon the judgment. See Christmas v. Russell, 5 Wall. 290; Converse v. Hamilton, 224 U. S. 243.”

The Fauntleroy case is directly controlling here., The court of Oregon had. jurisdiction of the-parties and of the subject-matter of the suit. Its judgment was valid and conclusive in that State. The objection made to enforce[*455] ment of that judgment in Washington is, in substance, that it must there be denied validity because it contravenes the Washington statute and would have been void if rendered in a court of Washington; that is, in effect, that it was based upon an error of law. It cannot be impeached upon that ground. If McDonald desired to rely upon the Washington statute as a protection from any judgment that would extend the force of the Washington judgment beyond six years from its rendition, he should have set up that statute in the court of,Oregon and submitted to that court'the question of its construction and effect. And even if this had been done, he could not thereafter have impeached the validity of the judgment because of a misapprehension of the Washington law. In short, the Oregon judgment, being valid and-conclusive between the parties in that State,' was equally conclusive in the courts of Washington, and under the full- faith and credit clause should have been enforced by them.

The judgment of the- Supreme Court of Washington is reversed; and the case remanded for further proceedings not inconsistent with this opinion. .

Writ of error dismissed; certiorari granted; reversed..

1

43 Stat. 936, c. 229; printed as an Appendix to the Revised Rules of this Court, 266 U. S. 687.

2

See, 237(c) of the Judicial Code, ás amended.

3

Laws of 1897, c. 29; Remington’s Compiled Statutes, §§ 459-460.