Maggett v. . Roberts
Supreme Court of North Carolina
Civil aotioN, tried before Brown, J., and a jury, at Spring Term, 1892, of Northampton Superior Court. ; The plaintiff sought to recover from the defendant, ex-Register of Deeds of said county, the penalties imposed by sections 1818 and 1819 of The Code, for breach of official duty.
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Civil aotioN, tried before Brown, J., and a jury, at Spring Term, 1892, of Northampton Superior Court. ; The plaintiff sought to recover from the defendant, ex-Register of Deeds of said county, the penalties imposed by sections 1818 and 1819 of The Code, for breach of official duty. Tlie complaint alleged three causes of action: (1), failure to record the issuance and the substance of a license alleged to have been issued by defendant, during his term of office, for the marriage of William Parker and Mary Sykes; (2), similar default in relation to the license for the marriage of John Harris…
1Opinion of the Court
Clark, J.:
When the blank signed by the Register was handed to his agent it was not a marriage license. It was a valueless piece of paper. When filled out by such agent and handed to the party who was to use it, it was then “issued.” Should either party named in the license be under eighteen years of age, any inquiry in such respect made by such agent, however diligent and careful, would not absolve the Register, from liability by failure himself to make such inquiry, it being a trust personal to him under The Code, §§1814, 1816; Cole v. Laws, 108 N. C., 185.
If at the time the license was…
2Cases cited4 opinions
- State v. . ParkerSupreme Court of North Carolina · 1890
- Bowles v. . CochranSupreme Court of North Carolina · 1885
- State v. . RobbinsSupreme Court of North Carolina · 1845
- Cole v. . LawsSupreme Court of North Carolina · 1891
3Cited by8 opinions
- Johnson v. Rhode Island InsuranceSupreme Court of North Carolina · 1916
- Wooley v. . BrutonSupreme Court of North Carolina · 1922
- Sawyer v. . SlackSupreme Court of North Carolina · 1929
- Wells v. TedrickAppellate Court of Illinois · 1897
- Cunningham v. Royal Neighbors of AmericaSouth Dakota Supreme Court · 1910
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