Mr. Hengelmüller to Mr. Sherman.
Bar Harbor, July 2, 1897.
Mr. Secretary of State: In re a suit between two Croatian citizens domiciled in Allegheny County, Pa., which has been decided by a justice of the peace of said county, the plaintiff in whose favor judgment has been rendered has made application to a Croatian court, to the end that certain real estate belonging to the defendant, and lying within the jurisdiction of the said Croatian court, may be levied upon in satisfaction of said judgment.
Since, according to the civil procedure in force in Croatia, executions in pursuance of the decisions of foreign courts can not take place unless the decisions of Croatian courts are enforced by the courts of the country in which the decision to be enforced in Croatia has been rendered, I have been instructed to secure authentic information as to whether the laws of the State of Pennsylvania permit the enforcement of foreigndecisions (among them those of Croatian courts), and, if so, whether such enforcement is permitted on the basis of reciprocity, and what proceedings are usual in such cases.
[Page 8]I have been so instructed for the reason that there is no treaty or other international agreement in existence between the Imperial and Royal Monarchy and the United States of America whereby the enforcement of judgments pronounced by the courts of one country appears to be guaranteed in the other.
I consequently have the honor, Mr. Secretary of State, to ask your kind mediation to this end, and I avail, etc.,