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· 2/15/1894

State ex rel. Joyner v. Roberts

Citations

  • 114 N.C. 389

Syllabus

<p>Trial — Question for Jury — Register of Deeds — Marriage License.</p> <p>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.</p> <p>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.</p>

Judges: Ouriam

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