TaiLexi AI U.S. Case Law

McIntyre v. McIntyre

Josie Ruth McIntyre v. John G. McIntyre.

McIntyre v. McIntyre, 191 S.E. 507 (N.C. 1937)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Supreme Court of North Carolina · State Highest Courts
Decided
June 9, 1937
Judges
Devin
Citations
191 S.E. 507211 N.C. 6981937 N.C. LEXIS 183

Opinion of the Court — Devin

Devin, J.

The single question presented by this appeal is this : May a resident of the State, who is the defendant in a suit for alimony, be permitted to set up as a defense thereto the invalidity of a divorce decree which he himself obtained in another state dissolving a previous marriage with a former wife? The answer is “No.”

While this precise question has never before been considered by this Court, it would not seem to be in accord with reason and justice that one who has voluntarily invoked the jurisdiction of another state for the purpose of obtaining a divorce from a former wife, and has thereby been enabled to enter into marital relations with another, should be heard to impeach the decree which he had obtained, or to question its jurisdiction, when new rights and interests have arisen as a result of his second marriage.

This is in accord with the decisions in other states where the question has been presented.

Bledsoe v. Seaman, 77 Kan., 679 ;

Starbuck v. Starbuck, 173 N. Y., 503 ;

People ex rel. Shrady v. Shrady, 95 N. Y. Supp., 991 ;

Kaufman v. Kaufman, 163 N. Y. Supp., 566 ;

Guggenheim v. Wahl, 203 N. Y., 390 ;

Re Ellis, 55 Minn., 401 ;

Laird v. Texas, 79 Tex. Crim. Rep., 129;

Asbury v. Powers (Ky.), 65 S. W., 605 ; 23 L. R. A., 287; 3 A. L. R., 522, and note; 39 A. L. R., 695, and note; 9 R. C. L., sec. 268; 19 C. J., 378; North Carolina Law Review, Vol. XV, No. 2, p. 136.

While the validity of the Nevada divorce might be successfully assailed by other parties and under other circumstances (Pridgen v. Pridgen, 203 N. C., 533 ), we conclude that on the facts of this case there *700 was no error in the instructions to the jury given by the court below on the second issue.

Other exceptions noted at the trial were not brought forward by the appeal and need not be considered.

No error.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

Cited by 14 cases

View all citing references →
1941: 11942: 11943: 11945: 11947: 11980: 11984: 11986: 11987: 21988: 11989: 11994: 12006: 119412026peak 1987 · 2

Relies on it most ⓘ

  1. Taylor v. Taylor362 S.E.2d 542 (N.C. 1987)
  2. Mayer v. Mayer311 S.E.2d 659 (N.C. Ct. App. 1984)
  3. Redfern v. Redfern270 S.E.2d 606 (N.C. Ct. App. 1980)
  4. Keller v. Keller521 So. 2d 273 (Fla. Dist. Ct. App. 1988)
  5. Hurston v. Hurston635 S.E.2d 451 (N.C. Ct. App. 2006)
  6. In re Young24 S.E.2d 539 (N.C. 1943)

Most recent

  1. Hurston v. Hurston635 S.E.2d 451 (N.C. Ct. App. 2006)
  2. Lane v. Lane445 S.E.2d 70 (N.C. Ct. App. 1994)
  3. Watson v. Watson11 Am. Samoa 2d 30 (Am. Samoa 1989)
  4. Keller v. Keller521 So. 2d 273 (Fla. Dist. Ct. App. 1988)
  5. Taylor v. Taylor362 S.E.2d 542 (N.C. 1987)
  6. Taylor v. Taylor352 S.E.2d 918 (N.C. Ct. App. 1987) · Dissent

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 7

DepthCaseCited by
Starbuck v. Starbuck, 66 N.E. 193 (N.Y. 1903) 110
Kaufman v. Kaufman, 177 A.D. 162 (1917) 50
In re Ellis' Estate, 23 L.R.A. 287 (Minn. 1893) 44
Bledsoe v. Seaman, 95 P. 576 (Kan. 1908) 39
Guggenheim v. Wahl, 96 N.E. 726 (N.Y. 1911) 34
Pridgen v. Pridgen, 166 S.E. 591 (N.C. 1932) 14
People ex rel. Shrady v. Shrady, 47 Misc. 333 (1905) 3

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list