Texas Supreme Court

State of California, Department of Mental Hygiene v. Dale W. Copus

January 15, 1958158 Tex. 196

Summary

The Texas Supreme Court held that the California support statute does not create a continuing liability after the son moved to Texas, that the Texas two‑year limitations period does not apply to the portion of the claim arising before the move, and that enforcement of the claim is not contrary to Texas public policy. Accordingly, the Court reversed the lower courts and remanded for a decree granting recovery for support accrued while the son was a California resident within the four‑year California limitations period and denying recovery for post‑removal support. The Court’s decision was contested by a dissent arguing that the support duty should be enforced.