Legal Opinion · Dissent

Little v. . Holmes

Supreme Court of North Carolina

Decided June 3, 1921Published

Appeal by defendants from McElroy, J., at August Term, 1920, of UNION. Tbis was an action for tbe abduction of plaintiff’s sixteen-year-old daughter from bis borne by tbe defendants. Yerdict. and judgment for plaintiff. Appeal by defendant.

1DissentAllen, J.

I agree to tbe general principles stated in tbe opinion of tbe Court, but do not think they have any application to tbe facts in this case.

Tbe daughter of tbe plaintiff was sixteen years of age; she left her home voluntarily according to tbe evidence of her mother, a witness for tbe plaintiff, and she was married within twelve hours. Tbe marriage was therefore valid, although the father did not consent, and upon its consummation the rights and duties of the parent, including the right to service, were transferred to the husband.

The statute (C. S., 2494) provides that “All unmarried male…

2Cases cited4 opinions

  1. Howell v. HowellSupreme Court of North Carolina · 1913
  2. State v. . ParkerSupreme Court of North Carolina · 1890
  3. State Ex Rel. Wilkinson v. DellingerSupreme Court of North Carolina · 1900
  4. Grant v. GrantSupreme Court of North Carolina · 1891

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