Harris v. . Harris
Supreme Court of North Carolina
This was a proceeding by writ of habeas corpus to obtain the custody of an infant child, a boy of nine and a half years of age, brought by its mother against its father, under a decree obtained in Colorado, dissolving the marriage and awarding the custody of the child to the wife, the husband being domiciled in this State and not appearing in person or by attorney in such action for divorce, and pretended service being made on him by publication.
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This was a proceeding by writ of habeas corpus to obtain the custody of an infant child, a boy of nine and a half years of age, brought by its mother against its father, under a decree obtained in Colorado, dissolving the marriage and awarding the custody of the child to the wife, the husband being domiciled in this State and not appearing in person or by attorney in such action for divorce, and pretended service being made on him by publication. The writ was returnable before Shuford, J., at chambers in Asheville, who awarded the custody of the child to the plaintiff, and the respondent…
1Opinion of the Court
Clark, J.:
The decree of divorce obtained by the wife, resident in Colorado, against the husband, domiciled in this State, without personal service upon him, is a nullity in this State. Irby v. Wilson, 21 N. C., 568. At the most, it could only be valid in the State where it was granted. It can have no extra-territorial validity. Davidson v. Sharpe, 28 N. C., 14; Schonwald v. Schonwald, 55 N. C., 367; Arrington v. Arrington, 102 N. C., 491, reaffirm Irby v. Wilson, supra, though the divorce in the Arrington case was upheld because of the appearance of the defendant to the action. State v.…
2Cases cited7 opinions
- Wilson v. SeligmanSupreme Court of the United States · 1892
- Irby v. . WilsonSupreme Court of North Carolina · 1837
- Long v. Home Insurance Co.Supreme Court of North Carolina · 1894
- Arrington v. . ArringtonSupreme Court of North Carolina · 1889
- Davidson v. . SharpeSupreme Court of North Carolina · 1845
2 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Frazier v. FrazierSupreme Court of Florida · 1933
- Wear v. WearSupreme Court of Kansas · 1930
- Sanders v. SandersMissouri Court of Appeals · 1929
- Pugh v. PughWest Virginia Supreme Court · 1949
- James v. PretlowSupreme Court of North Carolina · 1955
44 more not listed; retrieve them via the Exa API.