105 S.W. 66 | Tex. App. | 1907
This is a suit instituted by the appellant against appellee Banister, as county clerk of Franklin County, and the *318 sureties on his official bond, for damages on account of illegally issuing a marriage license for the marriage of his daughter to one Massey.
It is alleged that the daughter at the time of the issuance of the license of marriage was a few months over fourteen years of age, and that the appellee Banister issued the license without the consent and contrary to the wishes of the appellant; and it is in effect averred that the daughter would not have married Massey without the issuance and authority of a marriage license. The petition alleges that the marriage ceremony was performed by virtue of the license, and asks for damages against the appellees on account of the loss of services of the daughter during her minority. The appellee is merely sought to be held liable for the violation of a duty as an official, and there is no averment undertaking to hold him liable as wrongfully aiding and assisting in the marriage of the daughter, other than the mere fact of the illegal issuance of the license.
The court below sustained a demurrer to the petition, evidently upon the ground that the girl, being over fourteen years of age, was capable of contracting a common-law marriage without the issuance of a license, and, having married, that fact terminated the right of the parent to the services of the daughter.
In Ingersol v. McWillie, 9 Texas Civ. App. 543[
We are of the opinion that the trial court correctly sustained the demurrer. Finding no error in the judgment, it is affirmed.
Affirmed. *319