Legal Opinion

Beggs v. State

Supreme Court of Alabama

Decided December 15, 1876PublishedCited by 73 opinions

Ebom; the Circuit Court of Cleburn. Tried before the Hon. Wat. L. Whitloce. The indictment in this case, which contained but a single count, charged that the defendant, Thomas Beggs, “having a wife then living, unlawfully married one Elizabeth Knight.”

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Ebom; the Circuit Court of Cleburn. Tried before the Hon. Wat. L. Whitloce. The indictment in this case, which contained but a single count, charged that the defendant, Thomas Beggs, “having a wife then living, unlawfully married one Elizabeth Knight.” On the trial, as the bill o*f exceptions shows, the defendant having pleaded not guilty, “ the State proved the marriage of the defendant in this county (Cleburn), in October, 1869, with Ellen Birdsong, and introduced evidence tending to show that she was then livingand then offered in evidence a certified transcript from the records of the…

1Opinion of the Court

BRICKELL, C. J. —

1. A marriage license, and the certificate of solemnization, is a record of the court of probate which the judge is expressly authorized to certify. — B. C. §§ 2340-41. It is not required, when a copy thereof is certified to be used as evidence in any of the courts of the State, that the certificate'of the judge shall be under the seal of the court. The courts of the State are charged with notice of the names of all public officers, State or county, receiving commissions from the executive, and are bound to recognize their official acts. — Bishop v. State, 30 Ala. 34.

2. Under…

2Cases cited3 opinions

  1. Bishop v. StateSupreme Court of Alabama · 1857
  2. Campbell's Adm'r & Heirs v. GullattSupreme Court of Alabama · 1869
  3. Williams v. StateSupreme Court of Alabama · 1870

3Cited by73 opinions

  1. McClurkin v. McClurkinSupreme Court of Alabama · 1921
  2. Lacey v. StateAlabama Court of Appeals · 1915
  3. Hunt v. HuntSupreme Court of Oklahoma · 1909
  4. Mattison v. KirkSupreme Court of Alabama · 1986
  5. Piel v. BrownSupreme Court of Alabama · 1978

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