(Download) "Mary Alice Bastian v. Gary D. Tuttle" by Missouri Court of Appeals Southern District ~ Book PDF Kindle ePub Free
eBook details
- Title: Mary Alice Bastian v. Gary D. Tuttle
- Author : Missouri Court of Appeals Southern District
- Release Date : January 16, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
Plaintiff registered, pursuant to the Uniform enforcement of foreign judgments law, § 511.760, RSMo 1969, a California judgment for $100,000. Defendant contested the registration. The trial court found that because there was no personal service upon defendant prior to judgment, the judgment was not entitled to full faith and credit. It ordered that the registration be denied. We treat this as an order setting aside the registration, which is a final judgment. § 511.760.10, RSMo 1969. Missouri must give full faith and credit to judgments of the courts of sister states unless it can be shown that there was lack of jurisdiction over the subject matter, failure to give due notice, or fraud in concoction of the judgment. Corning Truck & Radiator Service v. J. W. M., Inc., 542 S.W.2d 520, 524 (Mo.App. 1976). In respect to a judgment rendered by a court of general jurisdiction of another state, it is presumed not only that the court had jurisdiction both of the parties and of the subject matter, but also that it followed its laws and entered a valid judgment in accordance with the issues of that case. McDougal v. McDougal, 279 S.W.2d 731, 739-740 (Mo.App. 1955). A party asserting the invalidity of such a judgment has the burden of overcoming the presumption of validity, unless the proceedings show that the judgment is not entitled to that presumption. Id. 279 S.W.2d at 740.
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