Legal Opinion · Dissent

Dees v. McKenna

Supreme Court of North Carolina

Decided March 4, 1964No. 22Published

1DissentRodman, J.

I dissent because I think the majority has placed too strict and technical an interpretation upon the language used by Judge Morris.

These facts are important in determining the scope and effect of his decree. (1) Defendant did not intend to deceive the courts of California. When she applied to the courts of that state for a divorce, she *382thought she had, prior to her marriage to plaintiff, been lawfully divorced from her first husband. She did not learn until July 1963 that her first marriage had not in fact been terminated. Defendant’s mother resides in California. Defendant intended to make…

2Cases cited8 opinions

  1. Drake v. DrakeSupreme Court of Georgia · 1939
  2. State v. BlackSupreme Court of Alabama · 1940
  3. Leathers v. LeathersCalifornia Court of Appeal · 1958
  4. Evens v. KellerNew Mexico Supreme Court · 1931
  5. Crocker v. CrockerSupreme Court of Colorado · 1950

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