Cole v. . Laws
Supreme Court of North Carolina
Penalty — Register of Deeds — Negligence—Marriage—Verdict— Amendment. Civil actioN, tried at March Term, 188-9, of Orange Superior Court, Bynum, J., presiding. This action, began before a Justice of the Peace, is prosecuted to recover the penalty of two hundred dollars of the defendant, Register of Deeds, for issuing a marriage license for the marriage of the plaintiff’s daughter in violation of the provisions of section 1816 of The Code.
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Penalty — Register of Deeds — Negligence—Marriage—Verdict— Amendment. Civil actioN, tried at March Term, 188-9, of Orange Superior Court, Bynum, J., presiding. This action, began before a Justice of the Peace, is prosecuted to recover the penalty of two hundred dollars of the defendant, Register of Deeds, for issuing a marriage license for the marriage of the plaintiff’s daughter in violation of the provisions of section 1816 of The Code. The complaint alleged that Molly, the daughter, at the time under fifteen years of age, resided with the plaintiff as a member of his family and was subject…
1Opinion of the CourtSmith, C. J.
— after stating the case: We find no just cause of complaint in the substitution of the two issues in place of the one proposed by the plaintiff. The first was unnecessary, because the facts involved in the inquiry were not contested, and so the jury were directed upon the evidence to find the affirmative.
The second and third instructions asked by' the plaintiff have been rendered unimportant by the ruling of the Court, which, notwithstanding the change in the response of the jury, permitted after the rendition of the verdict, awards the plaintiff a recovery upon another and different ground,…
2Cases cited3 opinions
- Willoughby v. . ThreadgillSupreme Court of North Carolina · 1875
- Bowles v. . CochranSupreme Court of North Carolina · 1885
- Wright v. . HemphillSupreme Court of North Carolina · 1879
3Cited by23 opinions
- Sutton v. . PhillipsSupreme Court of North Carolina · 1895
- Mussallam v. MussallamSupreme Court of North Carolina · 1988
- McCabe Lumber Co. v. Beaufort County Lumber Co.Supreme Court of North Carolina · 1924
- Clark v. StateTennessee Supreme Court · 1936
- Likas v. LackeySupreme Court of North Carolina · 1923
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