Page:United States Statutes at Large Volume 76A.djvu/503

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–407–

-407§ 3196. Judicial record of a State; enforcement; personal representatives The effect of a judicial record of a State is the same in the Canal Zone as in the State where it was made, except that it can only be enforced here by an action or special proceeding, and except, also, that the authority of a guardian or committee, or of an executor or administrator, does not extend beyond the jurisdiction of the government under which he was invested with his authority. § 3197. Record of foreign admiralty court The effect of the judicial record of a court of admiralty of a foreign country is the same as if it were the record of a court of admiralty of the United States. § 3198. Effect of foreign judgment A final judgment of any other tribunal of a foreign country having jurisdiction, according to the laws of that country, to pronounce the judgment, has the same effect as in the country where rendered, and also the same effect as final judgments rendered in the Canal Zone. § 3199. Impeachment of judicial record A judicial record may be impeached by evidence of a want of jurisdiction in the court or judicial officer, of collusion between the parties, or of fraud in the party offering the record, in respect to the proceedings. § 3200. Jurisdiction necessary to sustain judgment The jurisdiction sufficient to sustain a record is jurisdiction over the cause, over the parties, and over the thing, when a specific thing is the subject of the judgment. Subchapter VI—Presumptions § 3221. Conclusive presumptions The following presumptions, and no others, are deemed conclusive: • (!) a. malicious and guilty intent, from the deliberate commission of an unlawful act, for the purpose of injuring another; (2) the truth of the facts recited, from the recital in a writteji instrument between the parties thereto, or their successors in interest by a subsequent title; but this rule does not apply to the recital of a consideration; (3) whenever a party has, by his own declaration, act, or omission, intentionally and deliberately led another to believe a partic* ular thing true and to act upon that belief, he may not, in any litigation arising out of the declaration, act, or omission, be permitted to falsify it; (4) a tenant is not permitted to deny the title of his landlord at the time of the commencement of the rel ation; (5) the issue of a wife cohabiting with her husband, who is not impotent, is indisputably presumed to be legitimate; (6) the judgment or order of a court, when declared by this title to be conclusive; but the judgment or order must be alleged in the pleadings if there is an opportunity to do so; if there is no such opportunity, the judgment or order may be used as evidence; and (7) any other presumption which, by statute, is expressly made conclusive.