United States Supreme Court Cases & Opinions

U.S. Supreme Court

May v. Anderson, 345 U.S. 528 (1953)

May v. Anderson

No. 244

Argued January 6, 1953

Decided May 18, 1953

345 U.S. 528

Syllabus

In a habeas corpus proceeding attacking the right of a mother to retain possession of her minor children, an Ohio court is not bound by the Full Faith and Credit Clause of the Federal Constitution to give effect to a Wisconsin decree awarding custody of the children to their father, when that decree was obtained by the father in an ex parte divorce action in a Wisconsin court that had no personal jurisdiction over the mother. Pp. 345 U. S. 528-535.

157 Ohio St. 436, 105 N.E.2d 648, reversed.

In a habeas corpus proceeding to test the right as between a father and mother to immediate possession of their minor children, the Ohio trial court ordered the children discharged from further restraint by the mother. The State Court of Appeals affirmed. 91 Ohio App. 557, 107 N.E.2d 358. The State Supreme Court dismissed an appeal. 157 Ohio St. 436, 105 N.E.2d 648 On appeal to this Court, the appeal is treated as a petition for a writ of certiorari, certiorari is granted, and the judgment is reversed and remanded, p. 345 U. S. 535.