De Cosse Brissac v Rathbone
| Jurisdiction | England & Wales |
| Judgment Date | 23 January 1861 |
| Date | 23 January 1861 |
| Court | Exchequer |
English Reports Citation: 158 E.R. 123
IN THE COURT OF EXCHEQUER AND EXCHEQUER CHAMBER
S C. 30 L J. Ex 238. Applied, Simpson v. Fogo, 1863, 1 H. & M 195; 1 N. R. 422; Schtbsby v. Westenholz, 1871, L. R. 6 Q. B. 155.
de cosse brissac v. rathbone and another. Jan. 23, 1861.-The judgment of a foreign Court, having jurisdiction over the parties and subject-matter of the suit, cannot be impeached on the ground that it is erroneous upon the merits. [S C. 30 L J. Ex 238. Applied, Simpson v. Fogo, 1863, 1 H. & M 195 ; 1 N. R. 422 ; Schtbsby v. Westenholz, 1871, L. R. 6 Q. B. 155.] Declaration. That heretofore, in a certain suit then depending in the Courts of the new Empire of France, having competent jurisdiction to entertain and determine (a) Pollock, C. B., and Channell, B., were absent. 124 DE COSSE BRISSAC V. RATHBONE 6H&N 302 the said suit, and duly holden, 111 all matters relating to or connected with the said suit, within theii jurisdiction, at the commencement of which said suit, the plaintiff and her husband then being alive, were in the same parties, along with others, as plaintiffs, arid the defendants in this action were in the same parties, along with others, aa defendants, such proceedings were duly, arid according to the then laws of France aforesaid, had and maintained, that a final judgment in the said suit was, befoie the commencement of this action, duly, and according to the then laws of France aforesaid, pronounced, under and by virtue of [302] which said judgment, among other things, it was adjudged that the plamtttt in this action, her said husband then being dead, was entitled, accoiding to the then laws of France aforesaid, alone and by herself, to have and claim, of arid from the defendant* in this action, and to be paid by them, to wit, in France aforesaid, a certain large sum of money, to wit, three hundred thousand francs, the same being equivalent in English money to, to wit, 12,0001 , and the defendants were ordered to pay the same to the plamtitt \vhich said judgment was, in all respects, valid and binding, and duly had, accoiding to the then laws of France aforesaid, and was duly pronounced and made according to the said laws, and was the judgment of a Court having competent jurisdiction over the subject-matter of the said suit, and over the defendants in respect thereof, and acting in all respects within its jurisdiction And the plamtitt says that, by virtue of the said judgment, the defendants, at the commencement of this suit, were, and still are, justly indebted to her in the said sum of 12,0001., and the plaintiff says that, befoie and at the time of the commencement of this suit, all conditions precedent had been performed, and all things had happened and existed necessary, and all times had elapsed necessary to entitle the plaintiff to have and claim in England, of...
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Millennium Financial Ltd Appellant v [1] Thomas Mc Namara [2] Bank of Nevis International Ltd Respondents [ECSC]
...court and had not submitted to United States jurisdiction. The principle of law is accordingly inapplicable. De Cosse Brissac v Rathbone 158 ER 123 , distinguished. 8. Although rather late in the proceedings for the appellant to complain, it would be unsafe to recognise a foreign order whi......
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Millennium Financial Ltd v McNamara and Bank of Nevis International Ltd
...court and had not submitted to United States jurisdiction. The principle of law is accordingly inapplicable. De Cosse Brissac v. Rathbone 158 E.R. 123 , distinguished. 8. Although rather late in the proceedings for the appellant to complain, it would be unsafe to recognise a foreign order w......
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Eggleton and Eggleton v. Broadway Agencies Ltd., (1981) 32 A.R. 61 (QBM)
...9 CB 661; 19 LJCP 345; 137 ER 1052, and of the Court of Exchequer in De Cosse Brissac v. Rathbone (1861) 6H & N 301; 30 LJ Ex 238, 158 ER 123, seems to us to leave it no longer open to contend, unless in a court of error, that a foreign judgment can be impeached on the ground that it wa......
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Simpson v Fogo
...of the matter in controversy between the two parties to the litigation. The latest case I have found is De Cosse Brissuc v. Rathbone (6 H. & N. 301), in which the Court said the point was too clear for argument, and that a foreign judgment could now be pleaded in bar in a suit in this count......