United States Supreme Court Cases & Opinions

U.S. Supreme Court

Armstrong v. Armstrong, 350 U.S. 568 (1956)

Armstrong v. Armstrong

No. 38

Argued November 15, 1955

Decided April 9, 1956

350 U.S. 568

Syllabus

Petitioner, a resident of Florida, obtained there a divorce from his wife, who had separated from him and gone to Ohio, where she had established a residence. The service of process on her was constructive only, she did not appear, and the Florida court decreed that "no award of alimony be made" to her. Later, the wife sued in Ohio for divorce and alimony, and petitioner appeared and set up the Florida divorce. The Ohio court denied a divorce because of the prior Florida decree, but granted the wife alimony.

Held: the Florida court did not adjudicate the wife's right to alimony, and the Ohio court therefore did not fail to give full faith and credit to the Florida decree. Pp. 350 U. S. 568-572.

162 Ohio St. 406, 123 N.E.2d 267, affirmed.