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Williams v. State of North Carolina (1942): Difference between revisions
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|date=December 21, 1942 | |date=December 21, 1942 | ||
|subject=Family Law | |subject=Family Law | ||
| | |appealed_from=North Carolina Supreme Court | ||
|overturned=Haddock v. Haddock | |||
|facts=2 North Carolina residents Williams & Hendrix married each other people traveled together to Las Vegas, Nevada, in May 1940. | |||
In June 1940, Williams & Hendrix divorced their former spouses to marry each other. The newly-wed couple in Nevada had their former spouses outside of Nevada. Mrs. Williams was served divorce papers in North Carolina. The 2 former spouses ignored the Nevada divorce proceedings. | |||
The marriage of Williams & Hendrix was recognized by a Nevada court. However, they returned to North Carolina where they were charged with bigamy. | |||
|procedural_history=The trial court & North Carolina Supreme Court convicts the Williams & Hendrix couple of bigamy. | |||
|issues=When must a state honor a [[American marriage laws|divorce]] decree issued by another state? | |issues=When must a state honor a [[American marriage laws|divorce]] decree issued by another state? | ||
|arguments=The prosecution argued that North Carolina isn't supposed to recognize the Nevada divorce because the North Carolina former spouses weren't served in Nevada & didn't appear in a Nevada court. | |||
|holding=The [https://www.quimbee.com/keyterms/full-faith-and-credit Full Faith and Credit] Clause ([[Constitution_of_the_United_States#Article_4_.28States.29:_4_sections|Article IV, § 1]]) requires a state to honor another state's divorce decree. | |||
|rule=Courts exercise jurisdiction over marriage under [https://www.quimbee.com/keyterms/in-rem-jurisdiction In Rem] jurisdiction where the "thing" is the "marriage." | |||
|case_text_links={{Infobox Case Brief/Case Text Link | |case_text_links={{Infobox Case Brief/Case Text Link | ||
|link=https://supreme.justia.com/cases/federal/us/317/287/ | |link=https://supreme.justia.com/cases/federal/us/317/287/ | ||
| Line 10: | Line 20: | ||
}}{{Infobox Case Brief/Case Text Link | }}{{Infobox Case Brief/Case Text Link | ||
|link=https://www.quimbee.com/cases/williams-v-state-of-north-carolina-i | |link=https://www.quimbee.com/cases/williams-v-state-of-north-carolina-i | ||
|case_text_source=Quimbee | |source_type=Video summary | ||
|case_text_source=Quimbee | |||
}} | }} | ||
}} | }} | ||
Latest revision as of 03:36, July 14, 2023
| Williams v. State of North Carolina (1942) | |
| Court | Supreme Court of the United States |
|---|---|
| Citation | |
| Date decided | December 21, 1942 |
| Appealed from | North Carolina Supreme Court |
| Overturned | Haddock v. Haddock |
| Followed by | |
| Williams v. State of North Carolina (1945) | |
Facts
2 North Carolina residents Williams & Hendrix married each other people traveled together to Las Vegas, Nevada, in May 1940.
In June 1940, Williams & Hendrix divorced their former spouses to marry each other. The newly-wed couple in Nevada had their former spouses outside of Nevada. Mrs. Williams was served divorce papers in North Carolina. The 2 former spouses ignored the Nevada divorce proceedings.
The marriage of Williams & Hendrix was recognized by a Nevada court. However, they returned to North Carolina where they were charged with bigamy.Procedural History
The trial court & North Carolina Supreme Court convicts the Williams & Hendrix couple of bigamy.
Issues
When must a state honor a divorce decree issued by another state?
Arguments
The prosecution argued that North Carolina isn't supposed to recognize the Nevada divorce because the North Carolina former spouses weren't served in Nevada & didn't appear in a Nevada court.
Holding
The Full Faith and Credit Clause (Article IV, § 1) requires a state to honor another state's divorce decree.
Rule
Courts exercise jurisdiction over marriage under In Rem jurisdiction where the "thing" is the "marriage."
