Naim v. Naim, 4368
| Decision Date | 18 January 1956 |
| Docket Number | No. 4368,4368 |
| Citation | 90 S.E.2d 849,197 Va. 734 |
| Parties | HAM SAY NAIM v. RUBY ELAINE NAIM. Record |
| Court | Virginia Supreme Court |
On December 21, 1955, the Clerk of this court received a copy of an order entered by the Supreme Court of the United States on November 14, 1955, in which it was ordered and adjudged 'that the judgment of the said Supreme Court of Appeals, in this cause be, and the same is hereby, vacated', and further ordering that the cause be 'remanded to the Supreme Court of Appeals of Virginia in order that the case may be returned to the Circuit Court of the City of Portsmouth for action not inconsistent with the opinion' of the said Supreme Court.
The opinion of the Supreme Court referred to stated in part as follows:
' (In the case cited the appeal was dismissed, whereas in the present case the judgment of this court was vacated without any adjudication of invalidity.)
The judgment of the Supreme Court of Appeals of Virginia so vacated affirmed a decree of the Circuit Court of the City of Portsmouth, which held that the marriage of the parties was void under Section 20-54 of the Code, the Virginia statute on miscegenation. We held that statute to be constitutional for the reasons stated in the opinion, 197 Va. 80, 87 S.E. (2d) 749.
As therein stated, the material facts were not in dispute. The record showed that the complainant in the suit, a white woman, was an actual bona fide resident of, and domiciled in, Virginia, and had been for more than a year next preceding the commencement of the suit; that the defendant was a Chinese and a non-resident of Virginia at the time of the institution of the suit; that they had gone to North Carolina to be married for the purpose of evading the Virginia law which forbade their marriage, were married in North Carolina and immediately returned to and lived in Virginia as husband and wife.
Under these facts shown by the record the Circuit Court of the City of Portsmouth had jurisdiction to hear and determine the cause. Code of Virginia, §§ 20-96...
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...noted that the record reflected the relation of the parties to the Commonwealth both before and after the marriage. Naim v. Naim, 197 Va. 734, 735, 90 S.E.2d 849, 850 (1956). This Court's subsequent dismissal of the appeal from that decision for want of a properly presented federal question......
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