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BAGLEY V. GENERAL FIRE EXTINGUISHER CO., 212 U. S. 477 (1909)

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U.S. Supreme Court

Bagley v. General Fire Extinguisher Co., 212 U.S. 477 (1909)

Bagley v. General Fire Extinguisher Company

No. 96

Argued January 27, 1909

Decided February 23, 1909

212 U.S. 477

Syllabus

While the judgment of the circuit court of appeals is not final under Act of March 3, 1891, c. 517, 26 Stat. 826, 828, where diverse citizenship exists, if the application of the Constitution of the United States is also invoked in the complaint, Spreckels Sugar Refining Co. v. McClain, 192 U. S. 397, the judgment is final if the constitutional right is raised for the first time on the trial.

In a suit where the jurisdiction of the Circuit Court is based on diversity of citizenship, a recital in the petition that a judgment was rendered in another state does not amount to asserting the constitutional right that full faith and credit be given thereto so as to deprive the judgment of the circuit court of appeals of its finality.

The full faith and credit clause of the Constitution does not give any force to a judgment against a stranger, and a decision that a defendant is not estopped by a judgment by reason of notice given to him to defend does not amount, even if wrong, to a refusal to give effect to the judgment within the meaning of the full faith and credit clause of the Constitution.

Writ of error to review 150 F.2d 4 dismissed.

The facts are stated in the opinion. chanroblesvirtualawlibrary

Page 212 U. S. 478





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