Buchanan v. Thorn
Supreme Court of Pennsylvania
Error to the Common Pleas of Washington county. This was an action of debt, to recover the penalty of «650 for marrying the minor daughter of the plaintiff, without the plaintiff’s consent. The daughter resided with the plaintiff. She had an estate of her own, of which, as well as of her person, one Mr. Miller -was appointed guardian by the Orphans’ Court of Washington county. The guardian paid the mother for the boarding of his ward, her daughter.
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Error to the Common Pleas of Washington county. This was an action of debt, to recover the penalty of «650 for marrying the minor daughter of the plaintiff, without the plaintiff’s consent. The daughter resided with the plaintiff. She had an estate of her own, of which, as well as of her person, one Mr. Miller -was appointed guardian by the Orphans’ Court of Washington county. The guardian paid the mother for the boarding of his ward, her daughter. Rev. Mr. Thorn married the daughter, without her mother’s or guardian’s consent. A verdict was taken below foj the plaintiff, subject to the…
1Opinion of the Court
The opinion of the court was delivered by
Burnside, J.
It was not the object of the act of 1729 — 1730, (1 Smith’s Laws, 180,) to make compensation to the injured parents, but to punish and deter all ministers and magistrates from performing the ceremony of marriage where one of the parties is an infant, and the attempt clandestine. Fifty pounds to the lacerated feelings of a parent would be no compensation. The object of the penalty was to prevent the performance of the ceremony, 14 Serg. & Rawle, 288, 289.
The penalty is given “ to the person or persons grieved,” but the grievance to be…
2Cases cited1 opinion
- Hill v. WilliamsSupreme Court of Pennsylvania · 1826
3Cited by1 opinion
- In re Minor's Application for Marriage LicensePennsylvania Orphans' Court, Philadelphia County · 1948