89 Ala. 597 | Ala. | 1889
SOMERVILLE, J.
While the complaint is omitted from the record, it is apparent from the judgment-entry and bill of exceptions that the action is one against the defendant, who was probate judge of Covington county, for a penalty of two hundred dollars, for issuing a license for the marriage of a minor, contrary to the provisions of the statute. — Code, 1886, § 2318.
1. The minor was a female, under eighteen years of age, and had never before been married. The statute, in such cases, provides, that “the probate judge must require the
2. The further defense is urged, that the defendant was misled as to the age of such minor, by her personal appearance, and by her representation that she was over eighteen years of age.- This defense is clearly insufficient, unless “an affidavit was made before him by such minor, or by some other credible person claiming to know the fact, that such minor was of the age required by law.” This is an express requirement of the statute, made a condition precedent to the court’s entertaining such a defense.—Code, 1886, § 2319; Bell v. Wallace, 81 Ala. 422.
The Circuit Court did not err in giving the general affirmative charge for the plaintiff.
Judgment affirmed.