Owens v. . Munden
Supreme Court of North Carolina
Appeal by plaintiff from Carter, J., at September Term, 1914, of PASQUOTANK. Action against a register of deeds to recover the penalty for issuing a license for the marriage of a girl under 18 years of age without the written consent required by the statute.
Read the full summary
Appeal by plaintiff from Carter, J., at September Term, 1914, of PASQUOTANK. Action against a register of deeds to recover the penalty for issuing a license for the marriage of a girl under 18 years of age without the written consent required by the statute. The plaintiff is the stepfather of Julia Irene Jones, formerly Julia Irene Barber, the plaintiff having married her mother in 1903. From the time of said marriage until her own marriage to Jones, with the exception of two .very short intervals, Julia Irene lived with the plaintiff and her mother as a member of the family, the plaintiff…
1Opinion of the CourtAllen, J.
The Revisal, sec. 2088, provides that where either party to a proposed marriage is under 18 years of age and resides with the father, or mother, or uncle, or aunt, or brother, or elder sister, . . . the .register of deeds shall not issue a license for such marriage until the consent in writing of the relation with whom such infant resides, or, if he or she resides at a school, of the person by whom the minor was placed at school, “and under whose custody or control he or she is,” shall be delivered to him, and the written consent shall be filed and preserved by the register; and it was held…
2Cases cited2 opinions
- Thornburg v. American Strawboard Co.Indiana Supreme Court · 1895
- Littleton v. . HaarSupreme Court of North Carolina · 1912
3Cited by1 opinion
- Ingram v. JohnsonSupreme Court of North Carolina · 1963