COOK V. COOK, 342 U. S. 126 (1951)

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U.S. Supreme Court

Cook v. Cook, 342 U.S. 126 (1951)

Cook v. Cook

No. 30

Argued November 7, 1951

Decided December 3, 1951

342 U.S. 126


1. It is to be presumed, in the absence of evidence to the contrary, that a Florida court which granted a decree of divorce had jurisdiction over both parties, thereby rendering the issue of jurisdiction over the cause res judicata on a collateral attack in another state. Pp. 342 U. S. 127-128.

2. Upon the record in this case, the Vermont court could not, consistently with the Full Faith and Credit Clause, sustain a collateral attack upon a Florida divorce decree, since the presumption of jurisdiction over the cause and the parties to which the Florida decree was entitled was not overcome by extrinsic evidence or by the record itself. Pp. 342 U. S. 126-129.

116 Vt. 374, 76 A.2d 593, reversed.

In a proceeding brought by respondent in a Vermont state court for the annulment of his marriage and remarriage to petitioner, the State Supreme Court held both marriages null and void. 116 Vt. 374, 76 A.2d 593. This Court granted certiorari. 341 U.S. 914. Reversed, p. 342 U. S. 129.

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