Lemmons v. Sigman
Supreme Court of North Carolina
Appeal by plaintiff from Ray, J., at November Term, 1920, of DAVIDSON. Civil action to recover of defendant, Register of Deeds of Davidson CountyJ the penalty of two hundred dollars allowed by sections 2500 and 2503, Consolidated Statutes, for issuing a marriage license to one John W. Galloway and plaintiff’s daughter, Alma Lemmons, without tbe consent of ber parents and without reasonable inquiry as to ber age, sbe being at tbe time under tbe age of eighteen.
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Appeal by plaintiff from Ray, J., at November Term, 1920, of DAVIDSON. Civil action to recover of defendant, Register of Deeds of Davidson CountyJ the penalty of two hundred dollars allowed by sections 2500 and 2503, Consolidated Statutes, for issuing a marriage license to one John W. Galloway and plaintiff’s daughter, Alma Lemmons, without tbe consent of ber parents and without reasonable inquiry as to ber age, sbe being at tbe time under tbe age of eighteen. TJpon tbe question of reasonable inquiry, tbe only point of difference in tbe case, there was evidence on behalf of plaintiff tending…
1Opinion of the Court
•Stacy, J.
The testimony as to the appearance of the girl, with respect to her age, is conflicting; and, upon the question of reasonable inquiry, the facts are not admitted. Hence, considering the evidence in its most favorable light for the plaintiff, the accepted position on a motion to nonsuit, we think the case should have been submitted to the jury under proper instructions. Snipes v. Wood, 179 N. C., 349; Julian v. Daniels, 175 N. C.; 549; Gray v. Lentz, 173 N. C., 346.
As said in Furr v. Johnson, 140 N. C., 157: “Where there is a conflict of evidence, whether there has been reasonable…
2Cases cited4 opinions
- Furr v. Johnson.Supreme Court of North Carolina · 1905
- State ex rel. Joyner v. RobertsSupreme Court of North Carolina · 1894
- Gray v. . LentzSupreme Court of North Carolina · 1917
- Snipes v. . WoodSupreme Court of North Carolina · 1920