Battles v. Tallman
Supreme Court of Alabama
Appeal from the Circuit Court of Etowah. Tried before the Hon. JOHN B. Tally. This was an action by the appellant, "William E. Battles, against the appellee, James A. Tallman, who was probate judge of Etowah county, for the recovery of the statutory penalty of two hundred dollars, for issuing a license for the marriage of the plaintiff’s minor daughter, contrary to the provisions of the statute. — Code, 5$ 2318. The questions raised on the introduction of evidence are…
Read the full summary
Appeal from the Circuit Court of Etowah. Tried before the Hon. JOHN B. Tally. This was an action by the appellant, "William E. Battles, against the appellee, James A. Tallman, who was probate judge of Etowah county, for the recovery of the statutory penalty of two hundred dollars, for issuing a license for the marriage of the plaintiff’s minor daughter, contrary to the provisions of the statute. — Code, 5$ 2318. The questions raised on the introduction of evidence are sufficiently shown in the opinion. On the evidence adduced, the court, at the request of the defendant, gave the following…
1Opinion of the CourtWalkeb, J.
The controverted question of fact in the case was the age of the plaintiff’s daughter, Mrs. Mayo, at the date of the issuance of the license for her marriage. The plaintiff himself testified, that his daughter was at that time under eighteen years of age. Of course it was com*405petent, for tbe purpose of discrediting tbe testimony of tbe witness, to prove that be bad made a former statement in reference to tbe age of bis daughter wbicb would show tbat sbe was more tban eighteen years old when tbe license was issued. Tbe plaintiff himself admitted tbat be stated tbe ages of bis children to Mr.…
2Cases cited9 opinions
- Acklen's v. HickmanSupreme Court of Alabama · 1879
- Wilkinson v. SearcySupreme Court of Alabama · 1884
- Griffith v. StateSupreme Court of Alabama · 1891
- Birmingham Union Railway Co. v. HaleSupreme Court of Alabama · 1890
- Jaques v. HortonSupreme Court of Alabama · 1884
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Atlanta & Birmingham A. L. Ry. v. BrownSupreme Court of Alabama · 1908
- Eagle Iron Co. v. BaughSupreme Court of Alabama · 1906
- Anniston Mfg. Co. v. So. R'y Co.Supreme Court of Alabama · 1906
- Hunley v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1927
- Black v. StateAlabama Court of Appeals · 1931
2 more not listed; retrieve them via the Exa API.