118 Va. 376 | Va. | 1916
delivered the opinion of the court.
On the 25th of February, 1900, Joseph A. Kelly intermarried with Mary Ann Kelly. The parties were residents of Charlestown district, Boston, Massachusetts, and this was the matrimonial domicile during all of the time they lived together as man and wife.
In the year 1902 Mary Ann Kelly left her husband’s home and filed in the Probate Court for the city of Suffolk, in said State (that court being one of competent jurisdiction both as to the subject matter and the parties), her petition alleging that her said husband, Joseph A. Kelly, had failed to support her, had several times cruelly beaten her, and had frequently visited upon her various forms of cruelty specified in the petition, and prayed for an order to prohibit him from interfering with her personal liberty and to require him to provide for her support. Due process to answer the petition was served on Joseph A. Kelly, and on December 1, 1902, the court aforesaid entered an order, reciting that Mary Ann Kelly was living apart from her husband for justifiable cause, enjoining him from imposing any restraint upon her personal liberty, and requiring him to pay the sum of thirty-five dollars per month for her separate' maintenance and support until the further order of the court. From that time until sometime in the year 1913 Joseph A. Kelly complied with the order of the court and kept up the payments therein directed. This order was intact and in force when the present suit was instituted.
It appears that sometime in the year 1910 the said Joseph A. Kelly, complainant below and appellee here, came to Virginia and in 1911 took up his residence in Alexandria county, where he has since remained. In January, 1913, he wrote his wife a letter, advising her of his change of location, telling her that his health was bad and that he would not be able to longer pay for her support unless she would come and live with him in Alexandria county. So far as the record shows or indicates,
Two decrees of the circuit court are before us now for review, one thereof awarding Joseph A. Kelly a divorce a mensa et thoro, and the other, entered a few days later, awarding an injunction against the appellant and her counsel restraining them from proceeding in the courts of Massachusetts or elsewhere to collect the amounts decreed her by the probate court.
There are several assignments of error, but, in our view of the case, it will only be necessary to consider that one which claims that the court erred in refusing to give full faith and credit to the order of the Massachusetts court. There is a contention that the order in question was not properly pleaded and not properly proved, but w'e think the contention is without merit. The order is distinctly set up in the answer, and the
“Full faith and credit shall be given in each State to the public acts, records and judicial proceedings of every other State.” U. S. Const., art. IV, sec. 1.
The well settled meaning of this provision of the Constitution is that the courts of one State must accord to the judgment of another State the same effect which it has in the State where rendered. If a judgment is conclusive in the State where it was pronounced, it is equally conclusive everywhere in the courts of the United States. Mills v. Duryee, 7 Cranch. 481, 3 L. Ed. 411; Crapo v. Kelly, 16 Wall. 637, 21 L. Ed. 440; Haddock v. Haddock, 201 U. S. 567, 26 Sup. Ct. 525, 50 L. Ed. 868, 5 Ann. Cas. 1; Thompson v. Thompson, 226 U. S. 551, 33 Sup. Ct. 129, 57 L. Ed. 347; U. S. Rev. Stat., sec. 905 (U. S. Comp. St. 1913, sec. 1519).
The courts in Massachusetts have settled the effect to be given in that State to decrees and orders of the character here under discussion. They have determined that a decree of a probate court, upon the wife’s petition for separate maintenance, adjudging that she is living apart from her husband for justifiable cause, is, while it remains in force, a bar to proceedings for a divorce on the ground of her desertion. Miller v. Miller, 150 Mass. 111, 22 N. E. 765; Watts v. Watts, 160 Mass. 464, 36 N. E. 479, 23 L. R. A. 187, 39 Am. St. Rep. 509.
The Massachusetts decisions above cited are reviewed by Mr. Justice, now Chief Justice, White in the case of Harding v. Harding, 198 U. S. 317, 25 Sup. Ct. 679, 49 L. Ed. 1066. That case is so nearly like this and the opinion therein so full and satisfactory, that we may very safely adopt the conclusions
We do not think the case at bar can be distinguished in principle from this ease of Harding v. Harding. In both cases the alleged desertion by the wife rested upon the original separation, which the Illinois court, in the one case, and the Massachusetts court, in the other, had held to be justifiable. It is true that in the instant case the two letters from Joseph Kelly
For these reasons we are of opinion that the decrees complained of must he reversed, and this court will enter a decree dismissing the hill, with costs to the appellant.
Reversed.