Vaughn v. McQueen
Supreme Court of Missouri
APPEAL from Pike. 1. It is not competent for the mother to consent to the marriage of her minor child, when that child has a guardian. The county court has power to appoint a guardian, not only when there is no parents, but also when the parents shall be unfit for the duties devolving upon them.
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APPEAL from Pike. 1. It is not competent for the mother to consent to the marriage of her minor child, when that child has a guardian. The county court has power to appoint a guardian, not only when there is no parents, but also when the parents shall be unfit for the duties devolving upon them. When so appointed such guardian supersedes the parents in their natural right and has entire control over the ward. 2.The plea is bad because it does not allege the father to be dead or disqualified. POINTS AND AUTHORITIES. 1. Quiiam actions are judged with great jealousy, because the plaintiff does…
1Opinion of the CourtNapton, J.
This was a quitam action, to recover the penalty given by the 8th section of the marriage act, for joining in marriage a minor without the consent of the parent or guardian. The action was brought by Peter Vaughn, guardian of Ellen Vaughn, against Thomas McQueen, one of *329the judges of the county court of Pike county. The declaration charges, the defendent with joining in marriage Ellen Vaughn, who was under the age of eighteen, with Thomas McQueen, Jr., without the consent of the plaintiff, who was her guardian.
To this declaration the defendant among other pleas pleaded that the parent of the…
2Cited by1 opinion
- Beckham v. NackeSupreme Court of Missouri · 1874