Wooley v. . Bruton
Supreme Court of North Carolina
Appeal by defendant from Bay, J., at the April Term, 1922, of MONTGOMERY. This action was begun before a justice of the peace against, the defendant, a- justice of the peace, for the recovery of the penalty of $200 for performing a marriage ceremony “without first having a marriage license therefor delivered him as required by law.” Judgment having been rendered against the plaintiff, he appealed to the Superior Court, where tbe action was tried de novo.
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Appeal by defendant from Bay, J., at the April Term, 1922, of MONTGOMERY. This action was begun before a justice of the peace against, the defendant, a- justice of the peace, for the recovery of the penalty of $200 for performing a marriage ceremony “without first having a marriage license therefor delivered him as required by law.” Judgment having been rendered against the plaintiff, he appealed to the Superior Court, where tbe action was tried de novo. The evidence showed that the defendant performed the marriage ceremony in question at Mount Gilead, in the county of Montgomery, on Saturday…
1DissentStacy, J.
3. Limitation of Actions — Marriage — License.
A summons was issued to recover the penalty against a justice of the peace, C. S., 2499, for performing the marriage ceremony without the delivery of the license therefor to him, C. S., 2498, within less than a year from the time he had performed it: Held, the plea of the statute of limitations, C. S., 443 (2), could not be sustained.
4. Appeal and Error — Objections and Exceptions — Briefs — Rule of Court.
An exception not set out in appellant's brief on appeal will be considered as abandoned. Rule 34, 174 N.C. 837. This action was begun before a…
2Cases cited5 opinions
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