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Cook v. Cook, 342 U.S. 126 (1951)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
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
CERTIORARI TO THE SUPREME COURT OF VERMONT
Syllabus
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. 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. 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. 129.
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Chicago: U.S. Supreme Court, "Syllabus," Cook v. Cook, 342 U.S. 126 (1951) in 342 U.S. 126 Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=YGRZAUNYDGFG4K4.
MLA: U.S. Supreme Court. "Syllabus." Cook v. Cook, 342 U.S. 126 (1951), in 342 U.S. 126, Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=YGRZAUNYDGFG4K4.
Harvard: U.S. Supreme Court, 'Syllabus' in Cook v. Cook, 342 U.S. 126 (1951). cited in 1951, 342 U.S. 126. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=YGRZAUNYDGFG4K4.
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