Bates v. Stokes
Mississippi Supreme Court
Error to the Circuit Court of Amite county. Hon. Hiram Cassidy, judge. The defendant in error sued the plaintiff in error, clerk of the Probate Court of Amite county, for granting and issuing a license for the marriage of defendant’s daughter, she being under age, and without his consent. The action was brought to recover the penalty prescribed by the statute for unlawfully issuing a marriage license.
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Error to the Circuit Court of Amite county. Hon. Hiram Cassidy, judge. The defendant in error sued the plaintiff in error, clerk of the Probate Court of Amite county, for granting and issuing a license for the marriage of defendant’s daughter, she being under age, and without his consent. The action was brought to recover the penalty prescribed by the statute for unlawfully issuing a marriage license. Plaintiff in error offered testimony to show that, before issuing the license, be required proof tbat tbe daughter of defendant in error was over the age of eighteen years, and that an affidavit…
1Opinion of the CourtEllett, J.
This is a qwi tam action brought by Stokes against Bates, who was clerk of the Probate Court of Amite county, to recover the penalty imposed by statute (Rev. Code 332, art. 6), for unlawfully issuing a license for the marriage of the daughter of the plaintiff, without his consent, she being under age. It appeared in evidence that the father and daughter both resided, at the time of issuing the license, in the State of Louisiana. The writ at the instance of the plaintiff charged the jury that, if they believed from the evidence “ that the clerk of the Probate Court, or his deputy, issued a…
2Cited by2 opinions
- Sweigart v. StateIndiana Supreme Court · 1938
- Ott v. State ex rel. LoweryMississippi Supreme Court · 1900