Crook v. Webb
Supreme Court of Alabama
Appeal 'from tlie City Court of Anniston. Tried before the Hon. James W. Lapsley. The appellee, Ira P. Webb, brought this action against the appellant, Emmett F. Crook, judge of probate of Oallioun county, to recover the statutory penalty of two hundred dollars for the defendant’s issuing a license for the marriage of his daughter, who was under 18 years of .age, without the -consent of her parents or guardian.
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Appeal 'from tlie City Court of Anniston. Tried before the Hon. James W. Lapsley. The appellee, Ira P. Webb, brought this action against the appellant, Emmett F. Crook, judge of probate of Oallioun county, to recover the statutory penalty of two hundred dollars for the defendant’s issuing a license for the marriage of his daughter, who was under 18 years of .age, without the -consent of her parents or guardian. Tlie complaint ivas as follows: “The plaintiff claims ■of the defendant two hundred dollars as a forfeiture ■or penalty, prescribed and ’allowed by § 2848 of the Code of Alabama, and…
1Opinion of the CourtTyson, J.
A number of grounds of demurrer were assigned to the complaint and overruled by the court ¡beloAV. The first ground insisted upon in argument is, that it is not aA^erred that the plaintiff is either the “parent or guardian of the female, AAdiom the complaint shows Avas under 18 years of age.” An examination of the complaint discloses that it contains the averment that the plaintiff is her “father.” The argument is made1 that the statute confers the right of action upon the legal parent, or parent in contemplation of law, and not upon a putative father.. — § 2848. That the use of the word…
2Cases cited2 opinions
- City Council of Montgomery v. Gilmer & TaylorSupreme Court of Alabama · 1858
- Wood v. FarnellSupreme Court of Alabama · 1874
3Cited by1 opinion
- Tillery v. TillerySupreme Court of Alabama · 1908