Julian v. . Daniels
Supreme Court of North Carolina
Appeal from Gline, J., at tbe August Term, 1917, of Davie. Civil action to recover of defendant, tbe register of deeds of Davie County, tbe penalty of $200 allowed by tbe statute, sections 2088 and 2090 of tbe Revisal, for having issued a marriage license for plaintiff’s daughter, Nona Thelma Julian, then about 16 years of age,- to one Eloyd Kincaid, without tbe consent of her parents and without reasonable inquiry as to her age, she being at tbe time under tbe age of 18.…
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Appeal from Gline, J., at tbe August Term, 1917, of Davie. Civil action to recover of defendant, tbe register of deeds of Davie County, tbe penalty of $200 allowed by tbe statute, sections 2088 and 2090 of tbe Revisal, for having issued a marriage license for plaintiff’s daughter, Nona Thelma Julian, then about 16 years of age,- to one Eloyd Kincaid, without tbe consent of her parents and without reasonable inquiry as to her age, she being at tbe time under tbe age of 18. There was no claim or evidence that any written consent bad been given by tbe parents, guardian, etc., and on tbe issue as…
1Opinion of the Court
Hoke, J.,
after stating tbe case: There is no substantial difference in tbe testimony relevant to tbe issue, and, under our decisions on tbe subject, bis Honor correctly held tbat tbe question of reasonable inquiry was one of law for tbe court. Gray v. Lentz, 173 N. C., 346; Joyner v.
Harris, 157 N. C., 296; Furr v. Johnston, 140 N. C., 157; Joyner v. Roberts, 114 N. C., 389. And, on tbe record and facts in evidence, we concur also in bis Honor’s ruling tbat in tbis instance no reasonable inquiry was made. We bave beld in several well considered cases tbat where a matter of tbis kind…
2Cases cited11 opinions
- Cole v. . LawsSupreme Court of North Carolina · 1889
- Bowles v. . CochranSupreme Court of North Carolina · 1885
- Furr v. Johnson.Supreme Court of North Carolina · 1905
- State ex rel. Joyner v. RobertsSupreme Court of North Carolina · 1894
- Trolinger v. Boroughs.Supreme Court of North Carolina · 1903
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3Cited by2 opinions
- Joyner v. . RobertsSupreme Court of North Carolina · 1894
- Lemmons v. . SigmanSupreme Court of North Carolina · 1921