Legal Opinion

In Re Leete

Missouri Court of Appeals

Decided July 3, 1920PublishedCited by 14 opinions

Habeas Corpus. (1) Full faith and credence should be given to the decree of the Massachusetts court, entered December 12, 1919. 9 R. C. L, Divorce and Separation, sec. 293, page 477; 19 C. J. Divorce, page 366; 2 Bishop on Marriage, Divorce and Separation, sec. 1189, page 463; Wilson v. Elliott, 96 Tex., 472, 97 Am. St. Rep. 928; Milner v. Gatlin, 139 Ga. 109; Hardin v. Hardin, 168 Ind. 352; Milner v. Gatlin, 143 Ga. 816; State ex rel. Nipp v. Dist.

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Habeas Corpus. (1) Full faith and credence should be given to the decree of the Massachusetts court, entered December 12, 1919. 9 R. C. L, Divorce and Separation, sec. 293, page 477; 19 C. J. Divorce, page 366; 2 Bishop on Marriage, Divorce and Separation, sec. 1189, page 463; Wilson v. Elliott, 96 Tex., 472, 97 Am. St. Rep. 928; Milner v. Gatlin, 139 Ga. 109; Hardin v. Hardin, 168 Ind. 352; Milner v. Gatlin, 143 Ga. 816; State ex rel. Nipp v. Dist. Ct. of Fergus Co. et ah, 46 Mont. 425, Ann. Cases, 1916 B. 256; Anderson v. Anderson, 74 W. Va., 124; Wake-field v. Ives, 35 Iowa, 238; Note L.…

1Opinion of the Court

OPINION.

ALLEN, J.

(after stating the facts as above). — At the outset we are confronted with the question as to the effect to be given to the decree of the Superior Court of Massachusetts, of November 19, 1918, as modified by the decree of that court of December 12, 1919. There is some conflict of authority in regard to the extraterritorial effect of a judgment or decree awarding the custody of children upon a divorce of their parents. However, the general rule, supported by the great weight of authority, appears clearly to be, that if a judgment or decree touching the custody of children is…

2Cases cited8 opinions

  1. Wilson v. ElliottTexas Supreme Court · 1903
  2. Commonwealth v. LaneMassachusetts Supreme Judicial Court · 1873
  3. Milner v. GatlinSupreme Court of Georgia · 1912
  4. Milner v. GatlinSupreme Court of Georgia · 1915
  5. Unruh v. LummerCalifornia Court of Appeal · 1914

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3Cited by14 opinions

  1. Goldsmith v. SalkeyTexas Supreme Court · 1938
  2. Helton v. CrawleySupreme Court of Iowa · 1950
  3. Jenks v. JenksMissouri Court of Appeals · 1964
  4. Freund v. BurnsSupreme Court of Connecticut · 1944
  5. Vickers v. FaubionCourt of Appeals of Texas · 1920

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