Commonwealth v. Parker

Citations

• 59 Pa. Super. 74
• 1915 Pa. Super. LEXIS 24

Syllabus

<p>Divorce — Validity of foreign decree — Notice of proceedings — Voluntary appearance — Order for support.</p> <p>1. A husband will be entitled to the vacation of an order for support, where he sets up a subsequent divorce under a decree of a court of another state, if it appears that the wife voluntarily appeared and filed an answer in the divorce proceedings, setting up a complete answer to the libel, and also counter-charges intended to move the foreign court to enter a judgment in her favor; and this is the case although the wife had no notice of the divorce proceedings, except a paper purporting to be a notice received through the mails, and although she charged that her husband had never been a bona fide resident of the state in which he procured the divorce.</p> <p>2. In such a case under the operation of the federal constitution, the courts of Pennsylvania must give full faith and credit to the judgment of the court of the sister state, which by the laws of that state, have jurisdiction of the subject-matter, and which, by the voluntary act of the wife acquired jurisdiction of her person.</p>