Thompson v. Safeway Enterprises, Inc.

27 Citing cases

  1. Matson v. Matson

    333 N.W.2d 862 (Minn. 1983)   Cited 47 times
    Holding that “an error or irregularity in the law or facts of the foreign judgment, in the absence of” jurisdictional or due process issues or fraud, “does not constitute grounds on which a court of the enforcing state may reopen and modify the foreign judgment”

    The purpose of the Act is to implement the Full Faith and Credit Clause, U.S. Const. art. IV, § 1, and to facilitate interstate enforcements of judgments by providing a summary procedure by which a judgment creditor may enforce the judgment in an expeditious manner in any jurisdiction in which the judgment debtor is found. See, e.g., Thompson v. Safeway Enterprises, Inc., 67 Ill. App.3d 914, 24 Ill.Dec. 561, 385 N.E.2d 702 (1978). The Full Faith and Credit Clause and UEFJA apply even though the judgment was a default judgment such as the Wisconsin 1980 judgment here involved.

  2. All Seasons Industries, Inc. v. Gregory

    529 N.E.2d 25 (Ill. App. Ct. 1988)   Cited 8 times

    • 1, 2 "Under the doctrine of full faith and credit, the forum court will not rehear a case on its merits because the judgment is res judicata * * *." ( Thompson v. Safeway Enterprises, Inc. (1978), 67 Ill. App.3d 914, 916, 385 N.E.2d 702, 705.) When a party seeks to register a foreign judgment in Illinois, however, the trial court may inquire as to whether the foreign State lacked either personal or subject matter jurisdiction. ( Ace Metal Fabricating Co. v. Arvid C. Walberg Co. (1985), 135 Ill. App.3d 452, 457, 481 N.E.2d 1066, 1070.

  3. Grant, Schon, Wise Grant v. Borrowdale Co.

    114 Ill. App. 3d 89 (Ill. App. Ct. 1983)   Cited 15 times

    Although defendant stipulated that the Michigan court had jurisdiction of the parties and the subject matter, it contends that the denial of a continuance constituted a denial of due process "which affected the jurisdiction of the Michigan court to enter the judgment entered." Defendant relies upon a statement in Thompson v. Safeway Enterprises, Inc. (1978), 67 Ill. App.3d 914, 918, 385 N.E.2d 702, 706, which reads: "Defendant does not contend that the Florida court's denial of a continuance amounts to fraud in procurement of the judgment or affects the jurisdiction of that court. Absent this type of allegation, we cannot review the denial of the continuance."

  4. Sackett Enterprises, Inc. v. Staren

    211 Ill. App. 3d 997 (Ill. App. Ct. 1991)   Cited 14 times

    ) The purpose of the Foreign Judgments Act is to implement the full faith and credit clause of the United States Constitution. ( Ace Metal Fabricating Co. v. Arvid C. Walberg Co. (1985), 135 Ill. App.3d 452, 481 N.E.2d 1066; Ayers Asphalt Paving, Inc. v. Allen Rose Cement Construction Co. (1982), 109 Ill. App.3d 520, 522, 440 N.E.2d 907, 909; Thompson v. Safeway Enterprises, Inc. (1978), 67 Ill. App.3d 914, 916, 385 N.E.2d 702, 705.) The Constitution requires that "Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State."

  5. Dawson v. Duncan

    144 Ill. App. 3d 532 (Ill. App. Ct. 1986)   Cited 17 times
    Suggesting potential conflict of interest had nothing to do with authority of agent

    A judgment debtor may defend against a foreign judgment sought to be enforced in this State, but not on grounds which could have been presented to the foreign court in which the judgment was rendered. ( Thompson v. Safeway Enterprises, Inc. (1978), 67 Ill. App.3d 914, 385 N.E.2d 702.) An Illinois court will not rehear a case on the merits because under principles of res judicata the nature and amount of the judgment, together with all defenses which could have been raised, are foreclosed. Full faith and credit demands this approach. A collateral attack upon a foreign judgment may not be made except for the defenses of fraud in its procurement (extrinsic fraud) or lack of jurisdiction in the foreign court. Thompson v. Safeway Enterprises, Inc. (1978), 67 Ill. App.3d 914, 385 N.E.2d 702; Southern Bell Telephone Telegraph Co. v. Woodstock, Inc. (1975), 34 Ill. App.3d 86, 339 N.E.2d 423.

  6. Ace Metal Fab. v. Arvid C. Walberg Co.

    135 Ill. App. 3d 452 (Ill. App. Ct. 1985)   Cited 11 times

    • 1 The purpose of the Foreign Judgments Act is to implement the full faith and credit clause of the Federal Constitution and to facilitate interstate enforcement of judgments in any jurisdiction where the judgment debtor is found. ( Light v. Light (1957), 12 Ill.2d 502, 505; Ayers Asphalt Paving, Inc. v. Allen Rose Cement Construction Co. (1982), 109 Ill. App.3d 520, 522; Thompson v. Safeway Enterprises, Inc. (1978), 67 Ill. App.3d 914, 916.) This act was adopted in Illinois to facilitate the enforcement of judgments across State lines.

  7. Ayers Asph. Pav. v. Rose Cem. Constr

    440 N.E.2d 907 (Ill. App. Ct. 1982)   Cited 11 times
    Holding that the Illinois Uniform Enforcement of Foreign Judgments Act did not allow the plaintiff to amend an Ohio judgment to include the name of the defendant corporation, which had not been named as a party in the original Ohio action, and that the plaintiff's relief must be obtained in the Ohio courts

    OPINION The purpose of the Act is to implement the full faith and credit clause of the Federal Constitution and to facilitate interstate enforcement of judgments in any jurisdiction where the judgment debtor is found. ( Light v. Light (1957), 12 Ill.2d 502, 147 N.E.2d 34; Thompson v. Safeway Enterprises, Inc. (1978), 67 Ill. App.3d 914, 385 N.E.2d 702.) The term "judgment debtor" under the Act means the party against whom a foreign judgment has been rendered.

  8. Landon v. Artz

    6 Kan. App. 2 (Kan. Ct. App. 1981)   Cited 3 times
    In Landon, the Court of Appeals held that a counterclaim may not be asserted in a proceeding instituted under the Foreign Judgments Act.

    " 256 Ark. at 460-1, 508 S.W.2d 549.        Thompson v. Safeway Enterprises, Inc., 67 Ill.App.3d 914, 24 Ill.Dec. 561, 385 N.E.2d 702 (1979), involved a contract action ending in judgment for the plaintiff who then attempted to register the decree in Illinois. The defendant counterclaimed alleging tortious interference with contract and breach of contract by the plaintiff.

  9. Van Kooten Holding B.V. v. Dumarco Corp.

    670 F. Supp. 227 (N.D. Ill. 1987)   Cited 4 times
    Holding “that the judgments of foreign countries can not be registered for enforcement under” the UEFJA

    The purpose of the UEFJ is to implement statutorily the full faith and credit clause of the Federal Constitution and to facilitate the enforcement of interstate judgments. Thompson v. Safeway Enterprises, Inc., 67 Ill. App.3d 914, 24 Ill.Dec. 561, 385 N.E.2d 702, 705 (1st Dist. 1978). See also People of the State of Wisconsin v. Ubrig, 128 Ill. App.3d 743, 83 Ill.Dec. 877, 470 N.E.2d 1297 (2nd Dist. 1984).

  10. Marshall v. Marshall

    240 Neb. 322 (Neb. 1992)   Cited 13 times
    Applying this rule in action to enforce void dissolution of marriage judgment

    The purpose of the Act is to implement the Full Faith and Credit Clause, U.S. Const. art. IV, 1, and to facilitate interstate enforcements of judgments by providing a summary procedure by which a judgment creditor may enforce the judgment in an expeditious manner in any jurisdiction in which the judgment debtor is found. See, e.g., Thompson v. Safeway Enterprises, Inc., 67 Ill. App.3d 914, 25 Ill. Dec. 561, 385 N.E.2d 702 (1978). . . .