[Download] "Cheever v. Wilson" by United States Supreme Court " Book PDF Kindle ePub Free
eBook details
- Title: Cheever v. Wilson
- Author : United States Supreme Court
- Release Date : January 01, 1869
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Mr. Boyce, for the appellant, contended that the Constitution ordaining that 'full faith and credit should be given to the judicial proceedings of every other State,' the judgment, if conclusive, as undoubtedly it was, in Indiana, was conclusive everywhere else in this country.3 Jurisdiction having attached, the judgment was not open to inquiry upon the merits; that judgments of another State were not prim a facie but conclusive evidence of what they adjudged; that while parties not privies could show that the judgment had been obtained by fraud, or that the court rendering it had no jurisdiction, parties privy to the judgment could not do it.4 Mr. W. S. Cox, contra, commenting on the case as already stated, and upon the demoralizing character of the Indiana statute, contended that the courts of Indiana had no right to decree a divorce of any person but of bon a fide domiciled citizens of that State; that the question of bon a fide domicil was always one of fact; that here it was palpable that no case existed in fact, and that the divorce was a divorce by collusion and consent; the wife having set up a domicil in Indiana, because no divorce a vinculo could be got in Washington, her true domicil; that Mrs. Cheever could acquire no domicil except that of her husband, who it was not pretended was ever domiciled in Indiana; that even if there had been jurisdiction in Indiana to affect the person, there was none to affect the real estate in Washington; and, finally, that the decree was without parallel, for that it awarded the husband alimony for his own offence of desertion.