Category: States' Relations
-
Divorce Suit
Divorce Suit: In Rem or in Personam; Judicial IndecisionIn 1906, however, by a vote of five to four, the Court departed from its earlier ruling, rendered five years previously in Atherton v. Atherton,49 and in Haddock v. Haddock,50 it announced that a divorce proceeding might be viewed as one in per…
-
Contractual Relationships
Insurance Company, Building and Loan Association: Contractual RelationshipsWhether or not distinguishable by nature of their enterprise, stock and mutual insurance companies and mutual building and loan associations, unlike fraternal benefit societies, have not been accorded the same unique constitu…
-
Duty to Surrender Fugitives From Justice
Duty to Surrender Fugitives From JusticeAlthough this provision is not in its nature self-executing, and there is no express grant to Congress of power to carry it into effect, that body passed a law shortly after the Constitution was adopted, imposing upon the governor of each state the duty to del…
-
Williams I
Williams I and Williams IIIn Williams I and Williams II, the husband of one marriage and the wife of another left North Carolina, obtained six-week divorce decrees in Nevada, married there, and resumed their residence in North Carolina where both previously had been married and domiciled. Prosecuted…
-
Compensation Statutes
Workers' Compensation StatutesThe relationship of employer and employee, insofar as the obligations of the one and the rights of the other under worker's compensation acts are concerned, has been the subject of differing and confusing treatment. In an early case, the injury occurred in New H…
-
Fugitive From Justice
Fugitive From Justice DefinedTo be a fugitive from justice within the meaning of this clause, it is necessary that, in the regular course of judicial proceedings, one have been charged with a crime, but it is not necessary that one have left the state after having been charged. It is sufficient that…
-
Williams II
Cases Following Williams IIFears registered by the dissenters in the second Williams case that it might undermine the stability of all divorces and that the court of each forum state, by its own independent determination of domicile, might refuse recognition of foreign decrees, were temporarily set …
-
Statutes of Limitation
Full Faith and Credit and Statutes of LimitationThe Full Faith and Credit Clause is not violated by a state statute providing that all suits upon foreign judgments shall be brought within five years after such judgment shall have been obtained, where the statute has been construed by the state court…
-
Procedure for Removal
Procedure for RemovalOnly after a person has been charged with a crime in the regular course of judicial proceedings is the governor of a state entitled to make demand for his return from another state.240 The person demanded has no constitutional right to be heard before the governor of the state i…
-
Forum State
Claims for Alimony or Property in Forum StateIn Esenwein v. Commonwealth,63 decided on the same day as the second Williams case, the Supreme Court also sustained a Pennsylvania court in its refusal to recognize an ex parte Nevada decree on the ground that the husband who obtained it never acquired a…
-
Full Faith and Credit in Federal Courts
Full Faith and Credit in Federal CourtsThe rule of 28 U.S.C. §§ 1738-1739 pertains not merely to recognition by state courts of the records and judicial proceedings of courts of sister states but to recognition by "every court within the United States," including recognition of t…
-
Trial of Fugitives after Removal
Trial of Fugitives After RemovalThere is nothing in the Constitution or laws of the United States that exempts an offender, brought before the courts of a state for an offense against its laws, from trial and punishment, even though he was brought from another state by unlawful violence,249 or by ab…
-
Alimony
Decrees Awarding Alimony, Custody of ChildrenA byproduct of divorce litigation are decrees for the payment of alimony, judgments for accrued and unpaid installments of alimony, and judicial awards of the custody of children, all of which necessitate application of the Full Faith and Credit Clause wh…
-
Under Provision
Evaluation Of Results Under ProvisionThe Court, after according an extrastate operation to statutes and judicial decisions in favor of defendants in transitory actions, proceeded next to confer the same protection upon certain classes of defendants in local actions in which the plaintiff 's clai…
-
Fugitives From Labor
Clause 3. Fugitives From LaborNo person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or La…