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.
The only point presented on this appeal is whether the defendant, a justice of the peace, performed the marriage ceremony in question “without a license being first delivered to him, as required by law.” C. S., 2499. It is said in the opinion of the Court that this means “an actual and not a constructive delivery of the license before the officer shall perform the ceremony”; and hence it necessarily excludes the delivery to another for the officer. I do not think the statute, as enacted by the Legislature, is quite so exacting. In the case at bar the defendant, by request, called up the local…
2Cases cited3 opinions
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- Maggett v. . RobertsSupreme Court of North Carolina · 1893
- Coley v. . LewisSupreme Court of North Carolina · 1884