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Keywords

contractplaintiffdefendantstatutesustained

contractplaintiffjurisdictionstatute

Related Cases

Sawyer v. Slack, 196 N.C. 697, 146 S.E. 864

Facts

The action was initiated on February 15, 1928, by Eugenia M. Sawyer, mother of Iris C. Land, against Alvah Floyd Slack. The plaintiffs sought to have the marriage between Iris and Slack, solemnized on December 9, 1927, declared null and void, alleging that Iris was under the age of 16 at the time of marriage and that the marriage license was issued without the required parental consent. The complaint detailed that the license was procured through false representations regarding Iris's age. The defendant demurred, claiming the facts did not constitute a cause of action, as Iris was over 14 years old at the time of marriage. The Superior Court sustained the demurrer and dismissed the case.

It is alleged in the complaint that at the date of said marriage the said Iris C. Land was a female person under the age of 16 and over the age of 14, and that the license for said marriage was issued by the register of deeds of Camden county, without the consent, in writing, of her parents, or either of them, as required by C. S. § 2494, as amended by chapter 75, Public Laws 1923.

Issue

Whether the marriage of Iris C. Land to Alvah Floyd Slack is void due to her age and the lack of parental consent at the time the marriage license was issued.

Rule

A marriage is void ab initio if it is contracted contrary to statutory prohibitions, and a court may declare such a marriage void. However, a marriage that is merely voidable due to age may be ratified by subsequent conduct.

A marriage void ab initio is a nullity from its inception; neither the parties thereto, nor other persons, whose social status or whose property rights are, or may be, dependent upon its validity, acquire any rights, social or otherwise, by reason of such marriage.

Analysis

The court analyzed the statutory requirements for marriage in North Carolina, particularly focusing on the age of consent and the necessity of parental consent for minors. It noted that while Iris was under 16, she was over 14, and the law allowed for marriages under certain conditions. The court emphasized that the absence of a valid special license did not automatically render the marriage void, as the statute did not expressly declare such marriages void or voidable based solely on age. Therefore, the court concluded that the marriage was valid despite the alleged lack of consent.

The superior court has jurisdiction of an action to annul a marriage contracted in this state, notwithstanding the fact that the plaintiff therein is not a resident of this state at the date on which the action was begun.

Conclusion

The Supreme Court affirmed the dismissal of the action, concluding that the facts presented did not constitute a valid cause for annulment of the marriage.

There was no error in dismissing the action. The judgment is affirmed.

Who won?

Alvah Floyd Slack prevailed in the case as the court upheld the validity of the marriage despite the plaintiffs' claims regarding age and consent.

The superior court of this state is authorized by statute to declare a marriage void ab initio, and therefore a nullity from its inception.

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