Collateral Attack upon Foreign Judgments: The Doctrine of Pemberton v. Hughes

Abstract

In Pemberton v. Hughes, the action was brought in England, by one Sarah E. Pemberton claiming to be the widow of Francis Alexander Pemberton, for certain property rights incident to widowhood. Whether plaintiff was the widow of Pemberton depended upon the validity of their alleged marriage, which in turn depended upon the validity of a Florida divorce of the lady from a former husband. In the divorce action in question, service of summons had been made upon the present plaintiff one day less than the statutory period before appearance. Under the law of Florida, such a defective service rendered the decree void and subject to collateral attack. Nevertheless it was held that no collateral attack could be maintained in England.