Roberts v. Pippen
Supreme Court of Alabama
Appeal from Greene Circuit Court. Tried before lion ¥m. S. Mudd. This was an action by Phil. Pippen, suing on his own behalf, aud on behalf of the State of Alabama, against Thomas W. Roberts, in which the plaintiff sought to recover of the defendant the sum of five hundred dollars, the penalty provided by section '2681 of the Code of 1876, for his issuing, as judge of probate, to Fanny Pippen, “daughter of said plaintiff, Phil.
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Appeal from Greene Circuit Court. Tried before lion ¥m. S. Mudd. This was an action by Phil. Pippen, suing on his own behalf, aud on behalf of the State of Alabama, against Thomas W. Roberts, in which the plaintiff sought to recover of the defendant the sum of five hundred dollars, the penalty provided by section '2681 of the Code of 1876, for his issuing, as judge of probate, to Fanny Pippen, “daughter of said plaintiff, Phil. Pippen, an infant under the age of eighteen years,” etc., “a. marriage license for the celebration of the rites of matrimony ” between the said Fanny and one…
1Opinion of the CourtSomerville, J.
The present is a ym tam action against the probate judge of Greene county for issuing a license to marry to a minor, in violation of the provisions of the statute. Code, 1876, § 2678. The action was brought on the twenty-seventh of January, 1881, under section 2681 of the Code, which reads as follows :
“A judge of probate issuing a license to marry contrary to the provisions of this article, forfeits five hundred dollars, one-half to the State, and the other half to the use of any -person who may sue for the same.”
This section was amended by the act approved March 1,1S81, entitled “ An act to…
2Cases cited3 opinions
- Pearce v. Bank of MobileSupreme Court of Alabama · 1859
- George v. Skeates & Co.Supreme Court of Alabama · 1851
- Pope v. LewisSupreme Court of Alabama · 1842
3Cited by10 opinions
- Williams v. StateAlabama Court of Appeals · 1938
- Fulton v. StateSupreme Court of Alabama · 1911
- Coan v. StateSupreme Court of Alabama · 1932
- State ex rel. Tyson v. HoughtonSupreme Court of Alabama · 1904
- Johnston v. StateCourt of Criminal Appeals of Alabama · 1974
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