Adams v. Cutright

Citations

• 53 Ill. 361

Syllabus

<p>1. Parties—in suit for penalty for issuing marriage license to a minor— who may sue. The tenth section of the chapter of the revised statutes entitled “ Marriages,” which provides that the clerk of the county commissioners’ court shall forfeit to the use of the father, a penalty for wrongfully issuing a marriage license to a minor, must be construed as giving the father a right to sue in his own name.</p> <p>2. Pleading—declaration in suit for penalty for issuing marriage license to a minor. And in a suit by the father to recover such-penalty, it is sufficient if the declaration avers the license was granted without his consent. It is not necessary to aver that banns had not been published, that the father was capable of consenting to the issuance of the license, or that the clerk omitted to swear the parties.</p> <p>3. But if the publication of banns would relieve the clerk of the penalty imposed, or if the father was incapable of consenting, or if the clerk was deceived by false swearing, he should make these defenses by plea.</p> <p>4. It is sufficient for the plaintiff to make out a prima facie case, under the section giving the penalty, and not necessary to controvert in advance every possible defense.</p> <p>o. This is not the case of an action given by statute, with an exception in the same clause giving the right of action, as in Whitecraft v. Vanderver, 12 Ill. 238, and Chicago, Burlington & Quincy R. R Co. v. Carter, 20 Ill. 391.</p> <p>6. Same—averment as to name of party to whom license was issued,. And an objection that the declaration shows the name of plaintiff’s daughter to be “ Martha,” when the license was issued to “Mattie,” will not avail where the declaration, in several of its counts, describes the daughter’s name as Mattie, and in others as Martha or Mattie, and avers the license was issued to her under the name Mattie, by virtue of which she was married to the other party named in the license.</p> <p>7. Marriage license to minors—clerks of