Drake v. . McMinn
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Henderson County, at the Fall Term, 1843, his Honor Judge Dick, presiding,. This was an action of debt qui tam, against the defendant, to recover the sum of one hundred dollars, as a penalty for a violation of the Statute (Rev. Stat. ch. 71, sec. 1, 2, 3, 4,) for marrying two persons without a license or the previous publication of bans.
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Appeal from the Superior Court of Law of Henderson County, at the Fall Term, 1843, his Honor Judge Dick, presiding,. This was an action of debt qui tam, against the defendant, to recover the sum of one hundred dollars, as a penalty for a violation of the Statute (Rev. Stat. ch. 71, sec. 1, 2, 3, 4,) for marrying two persons without a license or the previous publication of bans. In the Superior Court, under the instructions of the Judge, the jury found a yerdict for the plaintiff and from the judgment thereon the plaintiff appealed. • The question submitted to this Court was one in arrest of…
1Opinion of the Court
Nash, .T.
This is an action of debt qui tam, brought against the .defendant to recover one hundred dollars, as a penalty incurred for a violation of the law in marrying a couple. The declaration states, that “ the defendant, being a justice of the peace for Henderson Dounty, on the first day of March 1842, did, unlawfully, wilfully and knowingly, join together in matrimony, the man and woman (whose names are set forth in the declaration) without any publication of bans of matrimony according to law, and without a license for the said marriage from the Clerk of the proper Court of Please and…
2Cited by1 opinion
- Turner v. McKeeSupreme Court of North Carolina · 1904