WILLIAMS V. NORTH CAROLINA
317 U.S. 287 (1942)
NATURE OF THE CASE: Williams (Ds) appealed from the judgment of the Supreme Court of
North Carolina, which affirmed their convictions for bigamous cohabitation.
FACTS: Williams (D) was married to Carrie Wyke in 1916 in North Carolina and lived with
her there until May, 1940. Hendrix (D) was married to Thomas Hendrix in 1920 in North
Carolina and lived with him there until May, 1940. Ds went to Las Vegas, Nevada, and on June
26, 1940, each filed a divorce action in the Nevada court. The defendants in those divorce
actions entered no appearance nor were they served with process in Nevada. Thomas Hendrix
was service by publication in a Las Vegas newspaper and by mailing a copy of the summons and
complaint to his last post-office address. Carrie Williams was served by a North Carolina
sheriff who delivered to her in North Carolina a copy of the summons and complaint. A decree
of divorce was granted petitioner Williams (D) by the Nevada court on August 26, 1940, on
the ground of extreme cruelty, the court finding that 'the plaintiff has been and now is a
bona fide and continuous resident of the County of Clark, State of Nevada, and had been such
resident for more than six weeks immediately preceding the commencement of this action in
the manner prescribed by law.' The Nevada court granted Hendrix (D) a divorce on October 4,
1940, on the grounds of wilful neglect and extreme cruelty, and made the same finding as to
this petitioner's bona fide residence in Nevada. Ds were married to each other in Nevada on
October 4, 1940. Thereafter they returned to North Carolina where they lived together until
the indictment for bigamy was returned. Ds pleaded not guilty and offered in evidence
exemplified copies of the Nevada proceedings, contending that the divorce decrees and the
Nevada marriage were valid in North Carolina as well as in Nevada. Ds were convicted and on
appeal the Supreme Court of North Carolina held that North Carolina was not required to
recognize the Nevada decrees under the full faith and credit clause of the Constitution
(Art. IV, 1) by reason of Haddock v. Haddock, 201 U.S. 562 and that the Nevada decrees
were collusive and based on fraud.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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