CHANROBLES VIRTUAL LAW LIBRARY
US LAWS, STATUTES and CODES : Chan Robles Virtual Law Library USA Supreme Court Decisions | Resolutions : Chan Robles Virtual Law Library

ChanRobles™ Virtual Law Library™ | chanrobles.com™   
Main Index Repository of Laws, Statutes and Codes Latest Philippine Supreme Court Decisions Chan Robles Virtual Law Library Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Legal Resources United States Supreme Court Jurisprudence ChanRobles LawTube - Social Network

ChanRobles Internet Bar Review : www.chanroblesbar.com DebtKollect Company, Inc. - Debt Collection Firm Intellectual Property Division - Chan Robles Law Firm

Philippine Supreme Court DecisionsChanRobles On-Line Bar Review

google search for chanrobles.comSearch for www.chanrobles.com


HARDING V. HARDING, 198 U. S. 317 (1905)

Subscribe to Cases that cite 198 U. S. 317 RSS feed for this section

U.S. Supreme Court

Harding v. Harding, 198 U.S. 317 (1905)

Harding v. Harding

No. 222

Argued April 20, 1905

Decided May 15, 1905

198 U.S. 317

Syllabus

Pursuant to the statutes of Illinois, a wife living apart from her husband, both being citizens of Illinois, sued for separate maintenance alleging that she was so living on account of the husband's cruelty and adultery and without any fault on her part. The suit was contested, and, after much evidence had been taken, the husband filed a paper admitting that the evidence sustained the wife's contention, and consenting to a decree providing chanroblesvirtualawlibrary

Page 198 U. S. 318

for separation and support on certain terms, and the wife filed a paper accepting the terms offered by the husband if the decree found that her living apart from her husband was without fault on her part. Such a decree was entered. Subsequently the husband removed to California and commenced a suit for divorce on the ground of desertion. The wife contested and pleaded the Illinois judgment as an estoppel, but the California court declined to recognize it on the ground that the issues were not the same, and also because it was entered on consent. The wife then defended on the merits, and judgment was entered in favor of the husband. Reversed on writ of error and held that:

Under the circumstances, the wife did not waive her right to assert the estoppel of the judgment by defending on the merits.

The issues involved in the Illinois case and the California case were practically the same, and, under the full faith and credit clause of the Constitution, the California court should have held that the Illinois judgment was an estoppel against the assertion of the husband that the wife's living apart from him was through any fault on her part or amounted to desertion.

As under the Illinois statutes the judgment entered in favor of the wife was necessarily based on a judicial finding that her living apart was not through her fault, the papers filed were to be regarded as consents that the testimony be construed as sustaining the wife's contention, and not as mere consents for entry of judgment.

As a judgment in Illinois entered on consent has the same force as a judgment entered in invitum, and is entitled to similar faith and credit in the courts of another state.

The facts are stated in the opinion. chanroblesvirtualawlibrary

Page 198 U. S. 324





Back
ChanRobles™ LawTube

google search for chanrobles.com Search for www.chanrobles.com


Supreme Court Decisions Philippine Supreme Court DecisionsUS Supreme Court Decisions



www.chanrobles.us




QUICK SEARCH

cralaw

Browse By ->> Volume


cralaw

Browse By ->> Year


cralaw

  Copyright © ChanRobles Publishing Company | Disclaimer | E-mail Restrictions
ChanRobles™ Virtual Law Library | chanrobles.com™
 
RED