Rodebaugh v. Sanks
Supreme Court of Pennsylvania
ERROR to Clearfield county. Daniel Rodebaugh brought this action against James Sanks, to recover the penalty of 50 pounds provided by the act of assembly, for marrying his minor daughter; When the plaintiff had established his cause of action, the defendant offered to prove “ that about a week previous to the marriage, when Hugh Frazier, he to whom the minor was married, was there, her father was at home, and treated him with respect and attention; that about that time,…
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ERROR to Clearfield county. Daniel Rodebaugh brought this action against James Sanks, to recover the penalty of 50 pounds provided by the act of assembly, for marrying his minor daughter; When the plaintiff had established his cause of action, the defendant offered to prove “ that about a week previous to the marriage, when Hugh Frazier, he to whom the minor was married, was there, her father was at home, and treated him with respect and attention; that about that time, Rodebaugh, in conversation with his daughter, asked her why she did not get married, and told her that Hugh Frazier was a…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
1729, *11though doubtless wholesome when they were enacted, are ill adapted to the habits and customs of society as it now exists. It is not too much to say, that a rigid execution of them would bastardize a vast majority of the children which have been born within the state for half a century: for if the clause which requires that “ all marriages shall be solemnized by taking each other for husband and. wife before twelve sufficient witnesses” were taken, according to its natural import, for a declaration of what shall be a legal marriage,…
2Cited by18 opinions
- Dyer v. BrannockSupreme Court of Missouri · 1877
- People ex rel. McKune v. WellerCalifornia Supreme Court · 1858
- Whitesides v. CannonSupreme Court of Missouri · 1856
- Dickerson v. BrownMississippi Supreme Court · 1873
- Hornbake v. HornbakeSuperior Court of Pennsylvania · 1919
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