United States Supreme Court Cases & Opinions

U.S. Supreme Court

Kreiger v. Kreiger, 334 U.S. 555 (1948)

Kreiger v. Kreiger

No. 371

Argued February 2-3, 1948

Decided June 7, 1948

334 U.S. 555

Syllabus

While both spouses were domiciled in New York, a wife obtained a decree of separation and alimony there. Later, the husband obtained a Nevada divorce in a proceeding in which the wife was notified constructively and entered no appearance. He stopped paying alimony, and the wife sued in New York for the amount in arrears. The husband appeared and defended on the ground of the Nevada divorce. The New York court granted the wife judgment for the arrears of alimony. The highest court of New York affirmed.

Held: the New York judgment did not deny full faith and credit to the Nevada decree, since Nevada had no power to adjudicate the wife's rights in the New York decree of alimony. See Estin v. Estin, ante, p. 334 U. S. 541. Pp. 334 U. S. 556-557.

297 N.Y. 530, 74 N.E.2d 468, affirmed.

Notwithstanding a divorce obtained by a husband in Nevada, a New York court gave the wife a judgment for arrears of alimony awarded under an earlier decree granted while both spouses were domiciled in New York. The Appellate Division affirmed. 271 N.Y. App.Div. 872, 66 N.Y.S.2d 798. The Court of Appeals affirmed. 297 N.Y. 530, 74 N.E.2d 468. This Court granted certiorari. 332 U.S. 829. Affirmed, p. 334 U. S. 557.