Western Union Telegraph Co. v. Procter
Court of Appeals of Texas
Late in the evening of September 28, 1890, appellee’s daughter, Annie Procter, who was then 15 years of age, and residing with her parents near the town of Sunset, eloped from their home with Lum Rymer, the couple going towards Decatur, the county seat of Wise County, for the purpose of procuring license there and being married.
Read the full summary
Late in the evening of September 28, 1890, appellee’s daughter, Annie Procter, who was then 15 years of age, and residing with her parents near the town of Sunset, eloped from their home with Lum Rymer, the couple going towards Decatur, the county seat of Wise County, for the purpose of procuring license there and being married. Shortly after-wards, appellee, learning of their departure and purpose, promptly telegraphed the county clerk at Decatur, stating the girl’s age and forbidding the issuance of license; informing the telegraph operator at Sunset of the urgency of the matter, and his…
1Opinion of the Court
STEPHENS, Associate Justice.
If the case stated in the petition was-actionable, the first, second, third, fourth, fifth, eighth, ninth, and tenth, assignments of error must be overruled.
The solution of this question involves the validity of a common law-marriage in this State. That is, has a girl over 14 and under 18 years of age the legal right to marry without the parent’s consent, and without statutory license or ceremony ? We are of opinion that she has not. Our Court of Appeals so ruled in the case of Dumas v. The State, 14 Texas Cr. App., 464. The decided weight of authority however,…
2Cases cited9 opinions
- Stuart v. Western Union Telegraph Co.Texas Supreme Court · 1885
- Hutchins v. KimmellMichigan Supreme Court · 1875
- Western Union Telegraph Co. v. CarterTexas Supreme Court · 1893
- Western Union Telegraph Co. v. KirkpatrickTexas Supreme Court · 1890
- Lewis v. AmesTexas Supreme Court · 1875
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Green v. Telegraph Co.Supreme Court of North Carolina · 1904
- Western Union Telegraph Co. v. NorthcuttSupreme Court of Alabama · 1908
- Western Union Telegraph Co. v. ChamberlainCourt of Appeals of Texas · 1914
- Western Union Telegraph Co. v. Love Banks Co.Supreme Court of Arkansas · 1904
- Western Union Telegraph Co. v. ColemanCourt of Appeals of Texas · 1926