The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-01-16
4 VERY PECULIAR CASE.
Contendcd that nm Invalid License
Renders n Marriage Null.

Commended that nm Invalid License
Renders n Marriage Null.
lIilIsboro. Texas. January 10. The point
raised by Judge VIC. Wear in the In
junction case OF William Malone and Doyie
Malone VS. James II. Wallace has never
before been raised In the history OF the
Jurisprudence OF Texas. That point lis that
a marriage license issued upon an order
only supporting to be from the girls father
IL Il void license and that ceremony per-
formed by reason of such license Is VOID
also. Any couple so married are no more
husband and wife than II they had gone
through mock ceremony and are not JUS
tilted by the law In living together MS man
and wife, This Will be surprising to the
people of Texas, and no doubt to the world.
for it is the first time in the world per-
hans that the question has been raised.
| If Judge Wear is sustained In It by the
courts, and he is perfectly confident that
he will be. 1t viii well nigh break up run
away matches. For 1t Will be far-reacnlnS
In its effects. II license issued under
such circumstances as the above. or under
any fraudulent circumstance, Is an insuffi-
cient license il would be criminal for those
married through its instrumentaiity 10 i've
together Parties so marrying could be
arraigned in the courts and made to pay
the penalty of the transgressor.
brief review of the facts In this re-
markable romance shows that James IL.
Wallace and Dovie May Malone tagged 40
ran away and were married In Cleburpe,
January 4 Her father, VIM, Malone, pur-
sued them and one hour after the cere-
mony overlook them. He took Dovie into
his custody and carried her home. James
Wallace was arrested. charged with Kid
naping, and Jailed, but released the day
following when IL transpifed that Dovie
was a. Wallace made Intellectual attempts
to get his bride away from her parents. lie
got up habeas corpus but learning that
she would testify on the trial that she was
living with her father voluntarily 1t was
dismissed The next and last cbapter--so
farm this romance was the suit OF In
junction restraining Wallace from having
any control or authority over Dovie Malone
whatever by reason of the marriage, or
from attempting to communicate with her
or TO influence her to leave her parents.
The writ was served on Wallace today.
plaintiffs William Malone and Doyie May
Malone relate, in their original petition,
that By reason OF her tender age and her
imnaturity OF thought and her consequent
ircapacity to realize the serious obligations
of natrimony, she was induced against the
will Of her parents to run away with wal
lace; and for the same reason was induced
10 sieu an order to the county clerk of
Johnson county purporting to be from her
father and authorizing him to issue mar
riage license to James II Wallace and
Dovie Malone. That she was persuaded
| that a marriage under a license 80 obtained
would be legal and married him Plaintiff
| claimed the right to the services OF Dovie
until her 18th year and estimated her worth
TO him at $3.50 per annum and prayed for a
| judgment against Wallace for that amount
for the balance OF her minority, II perad-
venture the court should determine thai
she was the legal wife of Wallace. The
petition closes with prayer that wallace
he prohibited from communicating with her
and that the null and void marriage be so
declared Just what steps Wallace will
| now take is unknown. but II Is said that
| he will put the matter to thorough test
| in the courts.