Edlin v. Edlin

256 P.2d 283, 42 Wash. 2d 445, 1953 Wash. LEXIS 463
CourtWashington Supreme Court
DecidedApril 15, 1953
DocketNo. 32294
StatusPublished

This text of 256 P.2d 283 (Edlin v. Edlin) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Edlin v. Edlin, 256 P.2d 283, 42 Wash. 2d 445, 1953 Wash. LEXIS 463 (Wash. 1953).

Opinion

Schwellenbach, J.

is an appeal from a judgment sustaining defendant’s challenge to the evidence and dismissing plaintiff’s first cause of action with prejudice. There is no appeal as to plaintiff’s second cause of action.

Plaintiff’s complaint alleged the entry of a judgment, February 20, 1941, in the state of Missouri, in her favor and [446]*446against defendant Raymond Edlin, requiring him to pay her fifty dollars per month as alimony, and to pay her fifty dollars per month for the support of their minor child, Sarah Sue, who was then two years of age; that defendant had failed and refused to pay said monthly payments, except the sum of $1,905, and that there was due and owing the sum of $10,695, together with interest thereon at the rate of six per cent per annum. For a second cause of action, plaintiff alleged that, on December 28, 1950, defendant Raymond Edlin conveyed his interest in certain described real property, without consideration, to defendant Thelma Edlin, his then wife. (He has since divorced Thelma and remarried.) Defendant Raymond Edlin denied the allegations of plaintiff’s complaint and, by way of affirmative defense, alleged that the statute of limitations had run against the alleged judgment.

At the outset of the trial, the plaintiff offered in evidence plaintiff’s exhibit 1, which offer was refused. We feel it necessary to quote this exhibit in full:

“State of Missouri,

City of St. Louis

}

[

SS-

I, Henry L. Berger, Clerk of the Circuit Court, City of St. Louis (the same being a Court of Record in and for said City and State), certify the annexed to be a full, true and complete copy of the decree of divorce granted Thursday, February 20th, 1941, in cause No. 45745, Series “C” of the causes of this Court wherein Mildred Edlin is plaintiff and Raymond Edlin is defendant, as fully as the same remains of record and on file in my office.

(Seal)

In Testimony Whereof, I hereto set my hand and affix the seal of said Court, at office, in the City of St. Louis, this 2nd day of May nineteen hundred and fifty.

....................................[signed] Henry L. Berger, Clerk.

} j

ss'

I,—Michael J. Scott—Presiding Judge of the Circuit Court of the Eighth Judicial Circuit of the State of Missouri (which Circuit is composed of the City aforesaid), certify that Henry L. Berger, whose signature appears to the foregoing certificate, is, and was, at the time of signing the [447]*447same, Clerk of the Circuit Court, City of St. Louis (the same being a Court of Record in and for said City and State), and that the said attestation is in due form, and by the proper officer.

Given under my hand this—2nd—day of—May, 1950.

[signed] Michael J. Scott

Presiding Judge of the Circuit Court of the Eighth Judicial Circuit of the State of Missouri

] j

I, Henry L. Berger, Clerk of the Circuit Court, City of St. Louis, (the same being a Court of Record in and for said City and State), certify that—Michael J. Scott—is Presiding Judge of the Circuit Court of the Eighth Judicial Circuit of the State of Missouri, duly commissioned and qualified.

In Testimony Whereof, I hereto set my hand and affix the seal of said Court, at office, in the City of St. Louis, this—2nd—day of—May,— nineteen hundred and fifty.—

[signed] • Henry L. Berger, Clerk.

) )

SS-‘

In the Circuit Court, City of St. Louis February Term, 1950.

Thursday, February 20th, 1941.

Mildred Edlin,

-vs-45745-C

Raymond Edlin.

Now at this day this cause coming on for hearing, comes the plaintiff in person and by attorney, but the defendant, although having filed an answer herein on the 11th day of February, 1941, and being now duly called, comes not, but is represented in Court by attorney only; thereupon this cause is submitted to the Court, upon the pleadings and proof, and the Court after hearing the evidence herein, and being satisfied that the plaintiff is an innocent and injured party, and entitled to the relief prayed for in her petition, doth order, adjudge and decree that she be absolutely and forever divorced from the bonds of matrimony existing between her and the defendant, and that she be restored to all the rights and privileges of an unmarried person, and that she have the care, custody and control of Sarah Sue, [448]*448two years of age, the minor child of the parties, mentioned in the petition, until the further order of the Court.

It is further ordered, adjudged and decreed by the Court that the plaintiff have and recover of the defendant, as and for her alimony, the sum of $50.00 per month, until the further order of the Court, payable on the 20th day of each month, the first payment to be made and to become due and payable forthwith.

It is further ordered, adjudged and decreed by the Court that the plaintiff also have and recover of the defendant, as and for the support and maintenance of said minor child, the sum of $50.00 per month, until the further order of the Court, payable on the 20th day of each month, the first payment to be made and to become due and payable forthwith.

It is further ordered by the Court, that the costs of this proceeding be paid by the defendant, and in default of the payment of said costs, or any of the installments, awarded as aforesaid, as and for alimony, and as and for the support and maintenance of said minor child, as and when the same become due and payable, execution issue therefor.”

Attached to the certificates of the presiding judge and the clerk is the seal of the circuit court, city of St. Louis, Missouri.

In refusing to admit the exhibit, the trial court stated that the purported judgment did not bear the signature of any judge of any court; that it was a mere blank sheet of paper. The court also said:

“This is a transcript of the judgment entry here supposed to be in and of itself a judgment entry. Just suppose you would have attached hereto a page of the Saturday Evening Post, or this mornings P. L; am I to say that simply because we have these certificates on this as to some matter, that this is a certified copy or exemplified copy, or authenticated copy of which is supposed to be a judgment. Whenever these actions are brought up on a foreign judgment, I never in my life, in all the years I have been on the bench, seen anything other than an exemplified certified copy of the judgment itself upon which the action of the suit itself is brought.”

Art. IV, § 1 of the United States constitution provides:

“Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the congress may by general laws prescribe [449]*449the manner in which such acts, records and proceedings shall be proved, and the effect thereof.”

Title 28, § 1738, U. S. C. A., provides that the records and judicial proceedings of any court of any state shall be admitted in other courts by the attestation of the clerk and the seal of the court annexed, if a seal exists, together with a certificate of a judge of the court that the attestation is in proper form.

Allard v.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Allard v. La Plain
266 P. 688 (Washington Supreme Court, 1928)
Miller v. Miller
156 P. 8 (Washington Supreme Court, 1916)

Cite This Page — Counsel Stack

Bluebook (online)
256 P.2d 283, 42 Wash. 2d 445, 1953 Wash. LEXIS 463, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edlin-v-edlin-wash-1953.