Cases on the conflict of laws : selected from decisions of English and American courts . hority. Cochran^vTFitchTT^Sandfreh: (N. T7fTi6; Kane , 8 Cal. 449. Chief Justice Parker, in Hall v. Williams, 6 Pick.(Mass.) 232, 17 Am, Dec. 356, speaking of the force and eftect ofjudgments recovered in other states, says: Such a judgment is toconclude as to everything over which the court which rendered it hadjurisdiction. If the property of the citizen of another state, within itslawful jurisdiction, is condemned by lawful process there, the decreeis final and conclusive. It would seem to be unne
Cases on the conflict of laws : selected from decisions of English and American courts . hority. Cochran^vTFitchTT^Sandfreh: (N. T7fTi6; Kane , 8 Cal. 449. Chief Justice Parker, in Hall v. Williams, 6 Pick.(Mass.) 232, 17 Am, Dec. 356, speaking of the force and eftect ofjudgments recovered in other states, says: Such a judgment is toconclude as to everything over which the court which rendered it hadjurisdiction. If the property of the citizen of another state, within itslawful jurisdiction, is condemned by lawful process there, the decreeis final and conclusive. It would seem to be unnecessary to continue this investigation fur-ther, but our great respect for the learned court that pronounced thejudgment in this case, induces us to notice the ground on which theyrested their decision. It is, that the law of the state of New York is togovern this transaction, and not the law of the state of Illinois wherethe property was situated; and as, by the law of New York, Bateshad no property in the safes at the date of the levy of the writ of 300 PARTICULAR SUBJECTS. (Part 2. attachment, therefore none could be acquired by the attachment. Xii£theory of the case is. that the voluntary transfer of personal propertyis to be gQY£med-£^ry where bytHe~Taw of the owners dornigilg^andthis theory proceeds onthe^BctJoiToffaw^Tat th^ domicile of^theownerdraws^to-it-ttie^personal estate~WlTrch--he^owns wherever, it mayhappen to be located. But this fictidtils by no means of universal application, and. as^Jtidge Story says, yields whenever it is necessaryfor the purposes of justice that the actual situs of the thing should beexamined. It has yielded in New York on the power of the state totax the personal property of one of her citizens, situated in a sisterstate (People v. Commissioner of Taxes, 23 N. Y. 225) and alwaysyields to laws for attaching the estate of nonresidents, because suchlaws necessarily assume that property has a situs entirely distinct fromthe owners domicile.
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