Caroon v. Rogers

Decision Date31 December 1858
Citation51 N.C. 240,6 Jones 240
CourtNorth Carolina Supreme Court
PartiesPELEGE CAROON v. JOHN E. ROGERS.
OPINION TEXT STARTS HERE

The 12th section of the 68th chapter of the Rev. Code, requiring a certificate in case the parent or guardian of a female lives without the State, before a marriage license shall be issued, is not confined to the case of females under fifteen, but applies to all under twenty-one years of age.

The penalty of $1000, given in the 13th section of the 68th chapter of the Revised Code, cannot be recovered in the name of the father of the infant female, but must be sued for in the name of the State.

Where a judgment of nonsuit has been rendered in the Superior Court, upon the ground, that the facts did not justify a recovery, in which it appeared to this Court, there was error, but that there was error also in the record proper of the plaintiff, in respect of parties, it was Held that the Court was not bound to look to the sufficiency of the whole record and pronounce judgment on it, for that it might be perfected by an amendment, before such judgment was necessary.

ACTION of DEBT for a penalty, tried before CALDWELL, J., at the last Fall Term of Halifax Surerior Court.

The plaintiff declared for the penalty of $1000, given by the 12th and 13th sections of 68th chapter of the Revised Code.

The evidence was, that Sarah Ann Caroon, daughter of the plaintiff, Pelege Caroon, lived with him in the State of Virginia; that she and one Benjamin Joyner came to Jackson, in this State, against the will and consent of her father, and, on the 13th of November, 1856, were married at that place, by a regularly ordained minister of the Gospel, under a license issued by the defendant, who was then the clerk of Northampton County Court.

There was evidence going to show that the defendent knew whence the parties came, but none as to the age of the said Sarah Ann. No certificate from the father was produced. The defendant offered evidence as to the age of Sarah Ann Caroon, but this was objected to by the plaintiff. The objection was overruled, and the evidence received. From this testimony, it appeared that Miss Caroon, at the time of her marriage, was between eighteen and twenty years of age.

The Court, upon this state of facts, intimated an opinion that the plaintiff could not recover. In submission to which, the plaintiff suffered a nonsuit, and appealed.

Smith and Yeates, for the plaintiff .

Conigland and B. F. Moore, for the defendant .

BATTLE, J.

The 12th section of the 68th chapter of the Rev. Code enacts that, “In all cases where a license is applied for to marry a female whose parents or guardian reside without the State, the person applying shall produce to the clerk of the county court, or any other person legally authorised to grant license to marry, a certificate in writing, under the hand of the parent or guardian of the said female, (as the case may be,) stating she has arrived to the full age of fifteen years, and if under that age, that she has leave to marry; which certificate shall be filed in the clerk's office in the county where the license was obtained.” This section was taken from the 9th section of the 71st chapter of the Rev. Statutes, and that from the act of 1820, (chapter 1041, sec. 5, of the Rev. Code of 1820.) The original act of 1820 was entitled an Act concerning the marriage of infant females.” The 1st section made it an indictable offense in a man who should marry an infant female under fifteen years of age, without having previously obtained the consent thereto of her father in writing; and the three following sections made provision for the court in which the offence should be tried, and for the disposition of the infant female's estate consequent upon the conviction of the husband. The 5th section then enacted as follows: “That in all cases where a license is applied for to marry a female whose parents or guardian reside without the limits of this State, it shall be the duty of the person so applying, to produce to the clerk of the county court, or any other person legally authorised to grant a license to marry, a certificate in writing from under the hand of the parent or guardian of the said female, as the case may be, stating that she has arrived at the full age of fifteen years, and has leave to marry; which certificate shall be filed in the clerk's office in the county where the license was obtained.” The 6th section imposed a penalty of a $1000 on any clerk who should issue a...

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2 cases
  • Gibbs v. State
    • United States
    • Texas Court of Criminal Appeals
    • June 24, 1898
    ...recovery of any penalty for its violation, the suit must be in the name of the people or state. See People v. Young, 72 Ill. 411; Caroon v. Rogers, 51 N. C. 240. Where a statute prohibits an act, under a penalty, and one moiety goes to the public and the other to the informer, the state may......
  • Howard v. Howard
    • United States
    • North Carolina Supreme Court
    • December 31, 1858

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