MCELREATH V. MCELREATH 345 S.W. 2d 722 (1961) CASE BRIEF

MCELREATH V. MCELREATH
345 S.W. 2d 722 (1961)
NATURE OF THE CASE: This was a suit to enforce an Oklahoma equitable decree in Texas.
FACTS: H and W got divorced in Oklahoma. Before that decree had been entered by the court, H crossed the Red River (how poetic this court is it could have just merely said entered Texas), and asserted sanctuary in Texas. The decree that was issued in Oklahoma was against public policy in Texas. The lower courts refused to validate the Oklahoma decree regarding the in rem aspects of that decree. The laws in Oklahoma regarding divorce are in personam decrees and had H stayed in Oklahoma there was no doubt that the decrees could have been enforced by contempt.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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