Cotten v. Rutledge
Supreme Court of Alabama
Appeal from the Circuit Court of Talladega. Tried before the Hon. E. W. Pettus. This action was brought by Joseph Eutledge, against Alexander J. Gotten, the probate judge of said county, to recover the statutory penalty (Code, § 1953) for issuing a marriage license to a minor without the consent of the parent or guardian.
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Appeal from the Circuit Court of Talladega. Tried before the Hon. E. W. Pettus. This action was brought by Joseph Eutledge, against Alexander J. Gotten, the probate judge of said county, to recover the statutory penalty (Code, § 1953) for issuing a marriage license to a minor without the consent of the parent or guardian. The parties to the marriage were David Hale and Nancy M. Eutledge; the latter being, as the complaint alleged, the daughter of the plaintiff, and under eighteen years of age at the time of the marriage. The defendant demurred to the complaint, “ because it did not aver that…
1Opinion of the CourtRice, C. J.
—This action was brought to recover the penalty of five hundred dollars, which is imposed by section 1953 of the Code upon a judge of probate, for issuing a license to marry contrary to the provisions of the article in which that section is embraced.
The only objection to the complaint, stated in the demurrer thereto, is, that it does not aver “ that, at the time the license issued, David Hale, the male intending to marry, was under twenty-one years of age.” No other objection can be taken, (Code, § 2253 ;) and we first proceed to consider the single objection stated.
[2.] There is awkwardness…
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