Cole v. . Laws
Supreme Court of North Carolina
Civil action-, tried at March Term, 1890, of Orange Superior Court, Arm,field, J., presiding, to recover the penalty for imprudently issuing a marriage license. Only so much of the testimony as relates to the point decided is reported. See same case in 104 N. C., 651. The plaintiff introduced the marriage license, which was in the usual form, and testified: “Mollie Cole is my daughter. She lacked ten days of being fifteen years old when she was married.
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Civil action-, tried at March Term, 1890, of Orange Superior Court, Arm,field, J., presiding, to recover the penalty for imprudently issuing a marriage license. Only so much of the testimony as relates to the point decided is reported. See same case in 104 N. C., 651. The plaintiff introduced the marriage license, which was in the usual form, and testified: “Mollie Cole is my daughter. She lacked ten days of being fifteen years old when she was married. I never consented to the marriage in writing, or otherwise. She has always lived with me.” Plaintiff rested, and defendant testified: “ I am…
1Opinion of the Court
Shepherd, J.:
The defendant is the Register of Deeds of Orange County, and as such is charged with the very important duty of issuing marriage licenses. It is to be assumed that he was elected to the said office in view of his intelligence, discretion and general fitness for the position, and as to the discharge of the particular duty in question, the public have a right to require of him the active exercise of these qualities. The law provides that he shall make reasonable inquiry as to the age of persons desiring a license to marry, and that if, without such reasonable inquiry, he issues…
2Cases cited1 opinion
- Cole v. . LawsSupreme Court of North Carolina · 1889
3Cited by1 opinion
- Maggett v. . RobertsSupreme Court of North Carolina · 1893