United States Supreme Court Cases & Opinions

U.S. Supreme Court

German Savings & Loan Society v. Dormitzer, 192 U.S. 125 (1904)

German Savings & Loan Society v. Dormitzer

No. 104

Argued December 16-17, 1903

Decided January 4, 1904

192 U.S. 125

Syllabus

A writ of error will not be dismissed on the ground that the federal question was not set up in the court below, and that the decision rested on two grounds, one of which was estoppel and independent of the federal question, when the plaintiff in error had insisted upon his constitutional rights as soon as the occasion arose, and the opinion deals expressly with such rights.

A decree of divorce may be impeached collaterally in the courts of another state by proof that the court granting it had no jurisdiction, even when the record purports to show jurisdiction and appearance of the other party, without violating the full faith and credit clause of the federal Constitution. Andrews v. Andrews, 188 U. S. 14.

The facts that a resident of a state, after selling out his property and business, went to another state, bought land, and decided to locate there are sufficient for the courts of the latter state to find thereon that he had changed his domicil and that the courts of the state from which he had removed had no jurisdiction of an action subsequently brought by him for divorce.

The facts are stated in the opinion.

Page 192 U. S. 126