Legal Opinion

Owen v. Coffey

Supreme Court of Alabama

Decided May 9, 1918No. 8 Div. 76PublishedCited by 7 opinions

Appeal from Circuit Court, Jackson County; W. W. Haralson, Judge. Bill by Ruth Coffey, by guardian, against J. E. Owen. Decree for complainant, and defendant appeals.

1Opinion of the CourtSayre, J.

Appellee, by her guardian, filed this bill to annul the marriage between herself and appellant, alleging as ground of nullity that she was at the time under the age of consent — under the age of 14. Code, § 4879. Appellee was at the time of filing her bill still under the age of 14, and the demurrer, overruled in the court below, takes the point that the bill was prematurely filed, and, in any event, that it should have been filed in the name of the appellee (as we have designated her) and without the intervention of the guardian.

[1, 2] The contract of marriage into which the parties had…

2Cases cited3 opinions

  1. Beggs v. StateSupreme Court of Alabama · 1876
  2. Eliot v. EliotWisconsin Supreme Court · 1890
  3. Garner v. StateAlabama Court of Appeals · 1913

3Cited by7 opinions

  1. Woodward Iron Co. v. DeanSupreme Court of Alabama · 1928
  2. Raia v. RaiaSupreme Court of Alabama · 1926
  3. Taylor v. TaylorSupreme Court of Alabama · 1947
  4. Hyslop v. HyslopSupreme Court of Alabama · 1941
  5. Smith v. SmithSupreme Court of Alabama · 1921

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