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Conflict of Laws Keyed to Brilmayer
Union National Bank v. Lamb
Citation:
337 U.S. 38 (1949)Facts
Missouri state law limits the life of a judgment to ten years after its original rendition or from its revival. The law also provides that judgment cannot be revived after ten years from its rendition. These provisions apply for all judgments, rendered by Missouri state courts or any other court alike.
Plaintiff, Union National Bank (Union), obtained a judgment against Defendant, Carl Lamb, in Colorado state court in 1927. The judgment was revived in Colorado in 1945 on personal service upon Carl in Missouri. Union then brought suit in Missouri on the revived Colorado judgment. The Supreme Court of Missouri refused to enforce because the original judgment, under Missouri law, could not have been revived in 1945. The Missouri court found that the Full Faith and Credit Clause of the U.S. Constitution did not require Missouri to recognize Colorado’s more lenient policy regarding revival. The Supreme Court granted Union’s petition for certiorari.
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