Douglas v. Teller

Citations

• 53 Wash. 695
• 102 P. 761
• 1909 Wash. LEXIS 1394

Syllabus

<p>Judgments — Divorce—Failure to Record — Effect— Certificate. The failure of the clerk of a foreign court to perform the clerical duty of recording a judgment of divorce, as required by statute to make the judgment effective, does not affect its validity, and a certificate of the clerk that it was not recorded, contradicting a former certificate that it was recorded, is therefore properly disregarded.</p> <p>Divorce — Foreign Divorce — Validity—Domicile — Comity. The courts of this state will, on the principal of comity, recognize the validity of a divorce granted by the courts of a sister state, to a husband who was for three years a resident in such state, although it is based on a substituted service and the matrimonial domicile was in another state; the divorce having been granted forty years ago and the wife having had notice thereof.</p> <p>Divorce — Validity—Fraud—Substituted Service — Name of Defendant. A foreign judgment of divorce obtained on substituted service against Elizabeth D. is not void as a fraud upon the defendant, whose true name was Hannah Elizabeth D., where there was evidence that she was commonly known by the former name.</p>