RECIPROCITY IN THE RECOGNITION OF FOREIGN JUDGMENTS THE IMPLICATIONS OF TRAVERS V. HOLLEY

Abstract

Travers v. Holley established an interpretation of jurisdiction based on comity, holding that it would be contrary to principle if courts refused to recognize a jurisdiction that they claim for themselves. The purpose of this article is to discuss the two phases to the potential history of that decision, first by asking how far it goes within the divorce field itself, and second how far the principle of reciprocity as defined in that case extends to other branches of conflict of laws. The author considers foreign divorces, other status proceedings, proceedings in rem, personal actions and procedural reciprocity.