Willis v. Byrne
| Decision Date | 04 April 1895 |
| Citation | 106 Ala. 425,17 So. 332 |
| Parties | WILLIS v. BYRNE. |
| Court | Alabama Supreme Court |
Appeal from circuit court, Baldwin county; James T. Jones, Judge.
Action by Samuel L. Willis against Florence G. Byrne, administratrix of William H. Gasque, deceased. From a judgment for defendant, plaintiff appeals. Reversed.
The appellant brought an action against William H. Gasque, as probate judge of Baldwin county, to recover the statutory penalty of $200 for issuing a license of marriage to his (plaintiff's) daughter, who was a minor under 18 years of age, without having obtained the consent of the plaintiff for issuing said license. The testimony for the plaintiff tended to show that his daughter, Bell Willis, was, at the time of the issuance of the license, 15 years of age, lacking a few days; that he did not give his consent to her marriage, or to the issuance of the license of marriage; and that the probate judge did not obtain his consent, either orally or in writing. The testimony for the defendant tended to show that when applied to for the license, he refused to issue it, but was led to believe, and was told, by the man who applied for the license, that the father of the girl had given his consent, and upon this representation he issued the license. Upon the introduction of all the evidence, the court, in its charge to the jury, instructed them, among other things, as follows: "If you believe from the evidence that the defendant was led to believe, and actually believed, that the father, Samuel Willis, consented to said marriage, or to the issuance of the license, then the plaintiff cannot recover in this case." To the giving of this charge the plaintiff duly excepted, and also excepted to the court's refusal to give the following charge requested by him in writing "If the jury believe the evidence, they must find for the plaintiff." There was judgment for the defendant from which judgment the plaintiff appealed to this court. Pending the appeal in this court, the defendant died, and the cause was revived in the name of his administratrix.
W. D McKinstry, R. Inge Smith, and J. I. Clemmons, for appellant.
Wm. S. Anderson, for appellee.
The consent of a parent or guardian that a license may be issued for the marriage of a minor is a consent preceding or attending the issue of the license. It may be expressed to the judge of probate personally, or communicated to him in writing. Code, §...
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... ... Campbell, Adm., 66 Am. Dec. 184; Schreiter v ... Sharpless, 17 F. 589; U. S. v. De Goer, 38 F ... 80; Fairley v. Davis, 6 Ala. 375; Willis v ... Byrne, 106 Ala. 425; Little v. Conant, 19 Mass ... (2 Pick.) 527; Yarter v. Flagg, 143 Mass. 280; ... Reynolds v. Mason, 54 How. Prac ... ...
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...part of the defendants for a breach of the law. See Mitchell v. Hotchkiss, 48 Conn. 9; Diversey v. Smith, 103 Ill. 378; Willis v. Byrne, Adm'r, 106 Ala. 425, 17 So. 332. ¶13 In the case of Sullivan v. Associated Billposters and Distributors of the United States and Canada, 6 F.2d 1000, 42 A......
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State ex rel. Mitchell v. City of Shawnee
... ... breach of the law. See Mitchell v. Hotchkiss, 48 ... Conn. 9, 40 Am. Rep. 146; Diversey v. Smith, 103 ... Ill. 378, 42 Am. Rep. 14; Willis v. Byrne, ... Adm'r, 106 Ala. 425, 17 So. 332 ... In the ... case of Sullivan v. Associated Billposters and ... Distributors ... ...
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...of either party (plaintiff or defendant) is an incurable abatement. Fairley v. Davis, 6 Ala. 375; Jones v. Brooks, 30 Ala. 588; Willis v. Byrne, 106 Ala. 425, 17 South. 332. Upon the common-law principle that all actions founded on a tort died with the person, it has been held that an actio......