SHERRER V. SHERRER
334 U.S. 343 (1948)
NATURE OF THE CASE: This was a full faith and credit issue.
FACTS: H and W were married in 1930 and lived most of the time since then in
Massachusetts. After some marital discord, W left and went to Florida and then filed a
divorce complaint in that state. H received notice and hired an attorney to make an
appearance denying W's allegations in the divorce and W's Florida residence. During the
first hearing, W introduced evidence of her Florida residency and testified about the
allegations in her complaint. Counsel for H did not cross-examine or introduce evidence to
rebut. A decree of divorce was issued by the Florida court. H failed to challenge the
decree, which stated that the Florida court had jurisdiction. After the divorce, W was
joined by Henry who was known to H while living in Massachusetts. A little over one year
from the granting of the divorce, W and Henry moved back to Massachusetts. H then instituted
an action in Massachusetts alleging that the Florida decree was invalid. The Massachusetts
court found that W was never domiciled in Florida and granted H the relief he requested. The
Supreme Judicial Court affirmed based on the fact that full faith and credit did not
prohibit them from reexamining the finding of domicile made in Florida.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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