Holland v. Beard
Mississippi Supreme Court
Appeal from the Circuit Court of Grenada County. Hon. Sam Powel, Judge. In the case of State v. Baker, 47 Miss. 88, the provision of the Code of 1857, which is re-enacted in Code 1871, § 1760, under which this suit is brought, is construed, and a father’s right to sue upon the clerk’s bond for the penalty is settled in accordance with previous rulings of this court.
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Appeal from the Circuit Court of Grenada County. Hon. Sam Powel, Judge. In the case of State v. Baker, 47 Miss. 88, the provision of the Code of 1857, which is re-enacted in Code 1871, § 1760, under which this suit is brought, is construed, and a father’s right to sue upon the clerk’s bond for the penalty is settled in accordance with previous rulings of this court. Detterly v, Yeamans, 39 Miss. 475; Bates v. Stokes, 40 Miss. 56. The decisions in Fly v. Gammel, 52 Ala. 584, and Sills v. Sobert, 2 Root, 48, following the rule in this State, are of greater weight than the case of Servey v.…
1Opinion of the CourtCooper, J.
This is an action of debt upon the official bond of George Beard, as clerk of the Circuit Court of Grenada County, instituted by the appellant to recover, damages for the unlawful issuance by said clerk of a marriage license authorizing the solemnization of a marriage between one C. A. Smith and the daughter of the appellant, he not having given his consent thereto and his daughter being under the age of eighteen years. By the Code of 1871, § 1760, clerks of the Circuit Courts are authorized to issue marriage licenses. But if the male intending to marry be under the age of twenty years, or…
2Cases cited4 opinions
- Hargroves v. ThompsonMississippi Supreme Court · 1856
- State v. BakerMississippi Supreme Court · 1872
- Jones v.TevisCourt of Appeals of Kentucky · 1823
- Wallis Landes & Co. v. EichelbergerCourt of Appeals of Texas · 1884
3Cited by7 opinions
- Cochran v. . CochranNew York Court of Appeals · 1909
- Doss v. StateMississippi Supreme Court · 1930
- Jackson v. BanisterCourt of Appeals of Texas · 1907
- Morgan v. CunninghamWashington Supreme Court · 1919
- Irby v. StateCourt of Appeals of Georgia · 1938
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