State of California v. Copus
Texas Supreme Court
158 Tex. 196, 309 S.W.2d 227 (1958)
Facts
Mrs. Copus, the mother of Dale Copus, (defendant) was adjudged mentally ill in California and admitted to a California state institution, where she remained. Under California law, a son has a duty to pay for the support of the son’s incompetent mother in a state institution. In 1951, Dale changed his domicile from California to Texas. In 1953, the State of California sued Dale in a Texas state court for amounts due for Dale’s mother’s care during the preceding four years. The Texas general statute of limitations was two years: the California limitations period was two years. A Texas trial court awarded the State of California a judgment for the full amount, reasoning that Dale’s obligation was a continuing one that was created when he was domiciled in California and that Dale’s move to Texas did not discharge that ongoing obligation. Dale appealed.
Rule of Law
Issue
Holding and Reasoning (Culver, J.)
Dissent (Greenhill, J.)
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