Legal Opinion

State ex rel. Joyner v. Roberts

Supreme Court of North Carolina

Decided February 15, 1894PublishedCited by 11 opinions

ActioN on tlio official bond of E. E. Roberts, as Register of Deeds for Northampton county, for the penalty of $200 given by section 1816 of The Code, commenced February 20,1892, and tried at August Term, 1893, of NORTHAMPTON Superior Court, before Bynum, J. It was admitted that on the 21st day of January, 1890, the defendant issued a license for the marriage of Ida Joyner, daughter of Poster Joyner, to Charles Lewis, and that under the license the parties were married, Ida…

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ActioN on tlio official bond of E. E. Roberts, as Register of Deeds for Northampton county, for the penalty of $200 given by section 1816 of The Code, commenced February 20,1892, and tried at August Term, 1893, of NORTHAMPTON Superior Court, before Bynum, J. It was admitted that on the 21st day of January, 1890, the defendant issued a license for the marriage of Ida Joyner, daughter of Poster Joyner, to Charles Lewis, and that under the license the parties were married, Ida being under eighteen years of age, which was known to Roberts before and at the time the license was issued. A witness…

1Opinion of the Court

Per OuriaM:

There was error on the part of the Judge in leaving the question of reasonable inquiry to the jury. Emry v. Railroad, 109 N. C., 589. As the case goes back for a new trial it is proper to say that if the circumstances testified to by the defendant and the witness Futrell are true, then, under our authorities, the defendant would have made such reasonable inquiry as is contemplated by the statute. New Trial.

2Cases cited1 opinion

  1. Emry v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1891

3Cited by11 opinions

  1. Chesson v. John L. Roper Lumber Co.Supreme Court of North Carolina · 1896
  2. Furr v. Johnson.Supreme Court of North Carolina · 1905
  3. Trolinger v. Boroughs.Supreme Court of North Carolina · 1903
  4. Harcum v. Marsh.Supreme Court of North Carolina · 1902
  5. Laney v. . MacKeySupreme Court of North Carolina · 1907

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