Kirby v. Meier

- Smith, J.

(dissenting). This case is submitted on an agreed statement of facts and issues. Involved are the questions: (1) Whether an Ohio decree of divorce is void, and (2) if so, whether it may be collaterally attacked in this State. This is an appeal from a circuit court order affirming a probate court order _ determining, among other things, the heirs of Elizabeth Julia Meier to be Henry W. Meier, husband, Nellie E. Kirby, a sister, and Jane White Hutchins, a niece.

Outcome of the case depends largely upon whether a 1932 Ohio divorce between Henry Meier and his *322first wife, Jean Meier, was…