Blann v. Beal
Supreme Court of Alabama
ERROR to the Circuit Court of Dallas. This was an action qui tam, by the defendant in error against the plaintiff in error, as clerk of Dallas County Court, for issuing a license to marry a daughter of the defendant, without his consent. The declaration contains two counts.
Read the full summary
ERROR to the Circuit Court of Dallas. This was an action qui tam, by the defendant in error against the plaintiff in error, as clerk of Dallas County Court, for issuing a license to marry a daughter of the defendant, without his consent. The declaration contains two counts. The first count charges, that whereas the said defendant so being said clerk of said county, and by virtue of his office register of the orphans’ court of said county, heretofore, to-wit, on the 27th November, 1840, at, &c. did, as said register, grant and issue a marriage license for the celebration of the rites of…
1Opinion of the CourtOrmond, J.
We do not consider it necessary to examine critically the first count of the declaration, as the demurrer is to *360both counts, and the second count is certainly good. The statute prohibits the clerk from issuing a license to marry, when the male is under twenty-one, or the female under eighteen years of age, unless “ the consent of the parent or guardian of such infant shall be personally given before the said register, or due proof made to him by the oath of at least one credible witness.” The declaration alleges that the license was issued by the register, without the consent of the…
2Cases cited5 opinions
- United States v. GoodingSupreme Court of the United States · 1827
- Elliott v. Lessee of PeirsolSupreme Court of the United States · 1828
- Chapman v. ChapmanSupreme Court of Connecticut · 1817
- Leggett v. BoydNew York Supreme Court · 1829
- State v. GausSupreme Court of Alabama · 1839
3Cited by3 opinions
- Robinson v. GarthSupreme Court of Alabama · 1844
- Wood v. FarnellSupreme Court of Alabama · 1874
- Gibson v. StateMississippi Supreme Court · 1881