Beates v. Retallick
Supreme Court of Pennsylvania
Error to the Common Pleas of Lancaster county. John Retallic brought an action of debt against the Rev. William Beates, to recover the penalty of ¿650, prescribed by Act of Assembly for marrying á minor without the consent of the parents. In the declaration it was charged that the plaintiff’s son, alleged to be a minor, was married by the defendant on the twentieth of June, 1852. At the trial it was offered to prove that the marriage took place on the 27th June.
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Error to the Common Pleas of Lancaster county. John Retallic brought an action of debt against the Rev. William Beates, to recover the penalty of ¿650, prescribed by Act of Assembly for marrying á minor without the consent of the parents. In the declaration it was charged that the plaintiff’s son, alleged to be a minor, was married by the defendant on the twentieth of June, 1852. At the trial it was offered to prove that the marriage took place on the 27th June. This was objected to, and by leave of the Court the declaration was amended by changing the date. Notice was given to the defendant…
1Opinion of the Court
The opinion of the Court was delivered by'
Woodward, J.
This was an action against the plaintiff in error, a German Lutheran clergyman in the city of Lancaster, to recover the statutory penalty for marrying-the minor son of the plaintiff below, to one Ellen Williams, also a minor, without a prior publication of banns. When issue was joined the declaration charged the marriage to have been celebrated on the 20th June, 1852. On the trial the plaintiff offered to prove a marriage on the 27th June, 1852, which being objected to, the Court permitted the plaintiff to amend his narr. by substituting…
2Cases cited1 opinion
- Griffith v. EshelmanSupreme Court of Pennsylvania · 1835
3Cited by2 opinions
- Commonwealth v. HustonSuperior Court of Pennsylvania · 1911
- Clouser v. PattersonSupreme Court of Pennsylvania · 1888