Spitzmiller v. Spitzmiller

PEDEN, Justice.

Appeal from the granting of a writ of habeas corpus which awarded custody of two small children to their father. His application for the writ was based on the fact that their custody had been awarded to him by a judgment of the Supreme Court, Erie County, New York, in a separation and custody suit, and he alleged that such judgment was entitled to full faith and credit.

Appellant urges that the Texas court should have made an independent determination as to whether the New York court had personal jurisdiction over her and her children and should have held that it did not, since…