Legal Opinion · Dissent

Brady v. Brady

West Virginia Supreme Court

Decided November 7, 1967No. 12617Published

1Dissent

Calhoun, Peesidbnt,

dissenting:

Respectfully, I dissent from tlie decision in this case, not only because, in my judgment, it is contrary to la-w- and the weight of authority, hut also contrary to common sense, reason and justice.

Basically, perhaps, my dissent to the opinion, from a purely legal standpoint, is that it applies the doctrine of full faith and credit in reverse. At the time the Arkansas court acted in the ex parte divorce suit pending-in that court, having only in rem jurisdiction, there was in full force and effect in this state an in personam judgment rendered by a court of…

2Cases cited4 opinions

  1. Estin v. EstinSupreme Court of the United States · 1948
  2. Gardner v. GardnerWest Virginia Supreme Court · 1959
  3. Chapman v. ParsonsWest Virginia Supreme Court · 1909
  4. State ex rel. Battle v. B. D. Bailey & Sons, Inc.West Virginia Supreme Court · 1965

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