State ex rel. Joyner v. Roberts
Supreme Court of North Carolina
State ex rel. Joyner v. Roberts, 114 N.C. 389 (N.C. 1894)
Ouriam
State ex rel. Joyner v. Roberts
Opinion of the Court
There was error on the part of the Judge in leaving the question of reasonable inquiry to the jury. Emry v. Railroad, 109 N. C., 589. As the case goes back for a new trial it is proper to say that if the circumstances testified to by the defendant and the witness Futrell are true, then, under our authorities, the defendant would have made such reasonable inquiry as is contemplated by the statute. New Trial.
Reference
- Full Case Name
- STATE ex rel. FOSTER JOYNER v. E. E. ROBERTS
- Cited By
- 11 cases
- Status
- Published
- Syllabus
- Trial — Question for Jury — Register of Deeds — Marriage License. 1. What is negligence and what is reasonable diligence are, when the facts are ascertained, questions of law to be declared by the Court; therefore, in an action against a Register of Deeds for wrongfully issuing a marriage license, it was error to leave to the jury the question whether the defendant made reasonable inquiry as to the age of the female. 2. A Kegister of Deeds who issues license for the marriage of a female under eighteen years of age, after being informed and believing that her father is dead and after obtaining the written consent of her mother, will be considered as having made such reasonable inquiry as contemplated by the statute.