Jeffreys v. Malone
Supreme Court of Alabama
Appeal from the Circuit Court of Franklin. Tried before the Hon. H. C. Speake. This action was brought by Jack J. Jeffreys against R. G. Malone and others, sureties on the official bond of James M. Jordan, as probate judge of Franklin county.
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Appeal from the Circuit Court of Franklin. Tried before the Hon. H. C. Speake. This action was brought by Jack J. Jeffreys against R. G. Malone and others, sureties on the official bond of James M. Jordan, as probate judge of Franklin county. The complaint, after alleging the execution of the bond by James M. Jordan, as probate judge of Franklin county, with the defendants as sureties thereon, which was conditioned for the faithful ‘ ‘discharge of the duties of such office during the time he continues therein or discharges any of the duties thereof,” further alleged that the condition of said…
1Opinion of the CourtBbickell, C. J.
The record presents a single question : Whether the sureties on the official bond of the judge of probate, are liable for the penalty to which the judge is subject, if he issue a license for the mar*492riage of a minor, without the consent of the parent or guardian. — Code, § 2318. Under the statutes existing prior to the creation of the court of probate, the duty of issuing marriage licenses was devolved on the clerk of the orphans’ or county court, as it was almost indifferently termed, the predecessor in jurisdiction of the court of probate. The statutes imposed on the clerk a penalty of five…
2Cases cited1 opinion
- Brooks v. GovernorSupreme Court of Alabama · 1850
3Cited by7 opinions
- State Ex Rel. Schilling v. Oklahoma CitySupreme Court of Oklahoma · 1917
- Phillips v. MorrowSupreme Court of Alabama · 1923
- State v. FlynnIndiana Supreme Court · 1901
- Eccles v. WalkerNebraska Supreme Court · 1906
- Mitchell v. McGuireSupreme Court of Alabama · 1943
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