Craft v. Jachetti

The opinion of the court was delivered by

Magie, J.

This action is brought to recover from defendant, a minister of the gospel, the penalty prescribed by section 4 of the “Act concerning marriages, births and deaths,” ap*206proved March 27th, 1874, {Rev., p. 631,) for marrying a minor without the consent of his parent, expressed according to the directions of that act.

The second plea filed by defendant sets up that the minor, who was married by defendant, was, at the time of the marriage, in custody, under a warrant issued by a justice of the peace, upon a complaint charging him with having seduced…