In re Hollopeter

Citations

• 52 Wash. 41
• 100 P. 159
• 1909 Wash. LEXIS 1071

Syllabus

<p>Marriage — Validity—Fraud in Securing License. Fraud or forgery in securing a marriage license for a minor without the consent of the parents does not invalidate the marriage, there being no statute so providing.</p> <p>Same — Marriage of Minor — Age of Consent. A female of the age of fourteen is within the common law age of consent, and is not, as a matter of law,, incapable of contracting marriage.</p> <p>Same — Effect of Statute. The law fixing the age of eighteen as the age under which a female cannot consent to carnal knowledge does not overcome the common law age of consent to marry.</p> <p>Same — Annulment—Actions by Parents of Minor — Parties— Capacity to Sue. Parents cannot maintain an action to annul the marriage of their minor child who was incapable of consenting because under legal age, procured by fraud and without the parent’s consent; since Bal. Code, § 4477, authorizes such actions only at the suit of the party under disability.</p> <p>Husband and Wife — Infants—Right of Husband to Society of Wife — Action fob Custody — Pasties. A minor husband becomes of full age upon the performance of the ceremony, and may maintain an action in his own name to secure the custody and society of his wife.</p>