Mitchell v. Cowgill
Supreme Court of Pennsylvania
Ir Error. This was a writ of error to the Common Pleas of Mifflin County. It was an action of debt by Mitchell against Cowgill a justice of the peace, to recover the penalty of 50i. given by the act of the 14th Eebruary 1729, for marrying the plaintiff’s infant daughter to one Amos Williams, without a certificate of the parent’s consent, &c., contrary to the act of assembly.
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Ir Error. This was a writ of error to the Common Pleas of Mifflin County. It was an action of debt by Mitchell against Cowgill a justice of the peace, to recover the penalty of 50i. given by the act of the 14th Eebruary 1729, for marrying the plaintiff’s infant daughter to one Amos Williams, without a certificate of the parent’s consent, &c., contrary to the act of assembly. Before the commencement of the suit, the plaintiff’s attorney gave a written notice to the defendant, in which he set out all the material parts of the marriage act, particularly that imposing the penalty of 50i. and also…
1Opinion of the Court
Tilghman C. J.
This is an action of debt for the penalty of 50?. brought by the plaintiff against the defendant a justice of the peace, for marrying his daughter under the age of twenty-one years without his consent, coutrary to the act of 14th February 1729. The Court of Common Pleas ordered a non pros to be entered, because the plaintiff had not given notice to the defendant previous to the commencement of the action, agreeably to the act of 21st March 1772. Two questions arise. 1. Whether notice was necessary? 2. Whether the notice given by the plaintiff was sufficient?
1. The act directs…
2Cases cited1 opinion
- Wise v. WillsSupreme Court of Pennsylvania · 1828
3Cited by2 opinions
- Wise v. WillsSupreme Court of Pennsylvania · 1828
- Lowrie v. VernerSupreme Court of Pennsylvania · 1834