Larwill v. Kirby
Ohio Supreme Court
This case comes before this court on a writ of error, to the-court of common pleas of Crawford county. The action was debt, and in the declaration it is charged in substance that the plaintiff in error, as clerk of the court of ^common pleas of said Crawford county, on August 5, 1842, issued under his hand and the seal of his office, a license authorizing any person empowered to solemnize marriages, to join in marriage one John Shields and one Ruth Kirby, the said Ruth being…
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This case comes before this court on a writ of error, to the-court of common pleas of Crawford county. The action was debt, and in the declaration it is charged in substance that the plaintiff in error, as clerk of the court of ^common pleas of said Crawford county, on August 5, 1842, issued under his hand and the seal of his office, a license authorizing any person empowered to solemnize marriages, to join in marriage one John Shields and one Ruth Kirby, the said Ruth being the daughter of the defendant in error, and within the ago of eighteen years; the said defendant in error not having…
1Opinion of the CourtHitchcock, J.
Various errors have been assigned in this case, which will be considered in the order in which they are presented upon the record. But before proceeding to do this, *it may not bo improper to say that it seems to us difficult to ascertain upon what principles this action could be sustained, if all the evidence before the court and jury is detailed in the bill of exceptions. The license, which is the subject matter of controversy, was not, in fact, issued by the plaintiff in error, or with his knowledge or consent. It was issued by an individual who, at the time, bad charge of the office; but…
2Cited by14 opinions
- Fisher v. George S. Jones Co.Supreme Court of Georgia · 1899
- Sampson v. FoxSupreme Court of Alabama · 1895
- Whitteker v. Charleston Gas Co.West Virginia Supreme Court · 1880
- Hunter v. HamiltonSupreme Court of Kansas · 1893
- Gilliam v. DavisWashington Supreme Court · 1893
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