State v. Baker
Mississippi Supreme Court
Error to the circuit court of Alcorn county. Inge, J. The opinion of the court fully discloses the facts of this case. Insists that the judgment of the circuit court in this case is manifestly erroneous.
Read the full summary
Error to the circuit court of Alcorn county. Inge, J. The opinion of the court fully discloses the facts of this case. Insists that the judgment of the circuit court in this case is manifestly erroneous. The main object of the statute, Rev. Code, p. 832 in providing a forfeiture against the probate clerk, for illegally issuing a marriage license, was to protect parents and guardians in their rights as such. 40 Miss. 56. No one but a party in interest has aright to bring suit on this statute. 1 How. (Miss.) 85; Rev. Code p. 137, art. 188. The securities on the bond of a probate clerk ought to…
1Opinion of the Court
SlMRALL, J. :
The question presented by the record is whether the father of a daughter under eighteen years of age can maintain a suit against the probate clerk, and the sureties on his official bond, to recover the statutory penalty of $1,000, for issuing a license to a male to marry the daughter, in the absence of the father’s consent, or the affidavit of a credible person that the daughter is over eighteen years of age.
The subject is regulated by art. 6, Code of 1857, p. 332. The last clause of the article prescribes the penalty, to wit: “If any clerk shall issue a marriage license, without…
2Cited by8 opinions
- State v. Shevlin-Carpenter Co.Supreme Court of Minnesota · 1906
- Holland v. BeardMississippi Supreme Court · 1881
- Eccles v. WalkerNebraska Supreme Court · 1906
- Ellsworth v. BusbyMississippi Supreme Court · 1935
- Jones v. StateMississippi Supreme Court · 1914
3 more not listed; retrieve them via the Exa API.