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Conflict of Laws Keyed to Brilmayer
Yarborough v. Yarborough
Citation:
290 U.S. 202 (1933)Facts
Prior to June 1927, W.A. Yarborough, his wife, and their daughter, Sadie, lived together in Atlanda, Georgia. Sadie’s mother left Atlanta for North Carolina for the summer, and Sadie later joined her there. In September, W.A. brought suit against his wife for divorce in the Superior Court of Fulton County, Georgia. The Georgia court awarded Mrs. Yarborough custody of Sadie and alimony in the form of sums for support and maintenance of herself and Sadie. Sadie, while at some times personally present, was not formally made a party to the litigation, was not served with process, and was not appointed a guardian ad litem.
In 1930, Sadie was sixteen years old and living with her maternal grandfather, R.D. Blowers, in South Carolina. With R.D. acting as her guardian ad litem, Sadie brought suit in a South Carolina court against her father, W.A. Yarborough, a resident of Georgia, for maintenance and educational support. Sadie argued that she was ready for college and needed her father’s help so that she would not be dependent upon the charity of others. The court obtained jurisdiction via attachment of W.A.’s property. He was also served personally within South Carolina.
W.A. argued that the Georgia judgment, which was a divorce decree between him and Sadie’s mother, fixed a sum that would be paid by him for Sadie’s maintenance and education. W.A. alleged that the sum fixed by the judgment had already been paid, and argued that he was relieved of his obligation to provide for the education and maintenance of Sadie. The South Carolina trial court found in favor of Sadie, and ordered W.A. to pay the grandfather $50.00 monthly for Sadie’s education and support and pay $300.00 in counsel fees.
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