33 Ala. 110 | Ala. | 1858
—This action was brought to recover the penalty of five hundred dollars, which is imposed by section 1953 of the Code upon a judge of probate, for issuing a license to marry contrary to the provisions of the article in which that section is embraced.
The only objection to the complaint, stated in the demurrer thereto, is, that it does not aver “ that, at the time the license issued, David Hale, the male intending to marry, was under twenty-one years of age.” No other objection can be taken, (Code, § 2253 ;) and we first proceed to consider the single objection stated.
The application of the foregoing views to the several Questions presented for revision in this case, brings us to the conclusion, that there is no error in any of the rulings of the court below complained of by the appellant.
Judgment affirmed.