Mr. Hardy to Mr.
Hay.
United
States Legation,
Berne, August 22,
1902.
No. 70.]
Sir: I have the honor to inclose herewith
translation of a letter from Dr. Sidney Schopfer, a lawyer of Lausanne,
from which it appears that one Mrs. Dupré, who was granted a decree of
divorce in the State of Massachusetts, with alimony to the amount of
$3,000, desires to bring suit against her former husband for payment of
the same, and has applied to the authorities of the Canton of Vaud for
the recognition of the decree of the Massachusetts court. The Vaudois
authorities
[Page 995]
are, it appears,
disposed to grant the necessary exequatur, but, in the absence of a
treaty, only on condition of a declaration of reciprocity, for which Dr.
Schopfer applies to this legation. I await your instructions in the
matter. It appears from the documents accompanying the inclosed letter
that Mrs. Dupré is by marriage an American citizen, her former husband
having been naturalized before the supreme court, common pleas division,
of the State of Rhode Island, in Providence, December 28, 1895.
I am, etc.
[Inclosure.—Translation.]
Mr. Schopfer to
Mr. Hardy.
Lausanne, August 20,
1902.
Mr. Minister: I have the honor to solicit
your good offices under the following circumstances:
I am consulted by an American lady named Dupré, now in Paris, 11 Rue
Scribe, who was granted a decree of divorce October 2, 1901, which
decree was made absolute by a decision of the supreme court at
Boston of May 10, 1902.
As you will perceive from the accompanying documents, the said Dupre
has due to her from her former husband the sum of 15,000 francs, or,
more exactly, $3,000.
Mr. Dupré resides in France and possesses real estate in Moudon,
Switzerland. He has never paid anything to Madam Dupré and appears
to have no intention whatever to do so.
Consequently Madam Dupré wishes to bring suit against her former
husband, and, if necessary, to attach his property to the amount of
what he owes her. But to defeat the opposition of the husband it is
necessary to obtain beforehand the exequatur of the American
judgment in the Canton of Vaud. In the absence of a treaty the
conseil d’etat of Vaud, through its department of justice and
police, has informed me that it is disposed to accord the exequatur
required, on condition, however, that I produce an official
declaration of reciprocity from your legation or some other
competent authority.
I therefore take the liberty, Mr. Minister, to ask you in the name of
your countrywoman Dupré to be so good as to furnish, on payment of
costs, a declaration of reciprocity stating that a similar judgment
of a Vaudois court could be executed in the United States.
Accept, etc.,
