Willis v. Byrne
Supreme Court of Alabama
Appeal from the Circuit Court of Baldwin. Tried before the Hon. James T. Jones. The appellant brought an action against William H. Gasque, as probate judge of Baldwin county, to recover the statutory penalty of two hundred dollars for issuing a license of marriage to his (plaintiff’s) daughter, who was a minor under 18 years of age, without having obtained the consent of the plaintiff for issuing said license.
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Appeal from the Circuit Court of Baldwin. Tried before the Hon. James T. Jones. The appellant brought an action against William H. Gasque, as probate judge of Baldwin county, to recover the statutory penalty of two hundred dollars for issuing a license of marriage to his (plaintiff’s) daughter, who was a minor under 18 years of age, without having obtained the consent of the plaintiff for issuing said license. The testimony for the plaintiff tended to show that his daughter, Belle Willis, was, at the time of the issuance of the license, not 15 years of age, lacking a few days; that he did not…
1Opinion of the CourtBrickell, C. J.
— The consent of a parent or guardian, that a license may be issued for the marriage of a minor, is a consent preceding, or attending the issue of the license. It may be expressed to the judge of probate personally, or communicated to him in writing. Code, § 2315. If it is not in either of these modes expressed, but was in fact given, the statutory penalty is not now recoverable. — Code, § 2319. But it must have been given in point of fact; if it was not given, however the judge of probate may have been misled or deceived as to the fact by others than the parent or guardian, the statutory…
2Cases cited3 opinions
- Jones' Adm'r v. BrooksSupreme Court of Alabama · 1857
- Cox's Adm'r v. WhitfieldSupreme Court of Alabama · 1851
- Fairley v. DavisSupreme Court of Alabama · 1844
3Cited by4 opinions
- State Ex Rel. Mitchell v. City of ShawneeSupreme Court of Oklahoma · 1934
- People v. De St. MauriceCalifornia Supreme Court · 1913
- Rogers v. WhittleAlabama Court of Appeals · 1917
- People v. AlexanderCalifornia Court of Appeal · 1929