Mitchell v. McGuire

THOMAS, Justice.

The action is against appellant as judge of probate for the penalty to which he is subject if he issues a license for the marriage of a minor without the consent of the parent or guardian.

This court has held that the sureties on the judges of probate’s official bond are not liable in an action for tort. Jeffreys v. Malone et al., 105 Ala. 489, 17 So. 21.

In the case of Phillips et al. v. Morrow, 210 Ala. 34, 37, 97 So. 130, 132, it is observed : “ ‘Exemplary damages are not generally recoverable against sureties upon bonds, even though the breach on the part of the principal…