Harrison v. Carlson
Supreme Court of Colorado
Appeal from Teller District Court—Hon. Robert E. Lewis, Judge. This is an appeal from a judgment rendered in favor of the appellee against appellant in a suit brought by the former to recover damages for a breach of promise of marriage. In her complaint the plaintiff alleged that on the third day of May, 1904, the defendant promised to marry her within a reasonable time, and that she, likewise, then 'and there promised to marry him.
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Appeal from Teller District Court—Hon. Robert E. Lewis, Judge. This is an appeal from a judgment rendered in favor of the appellee against appellant in a suit brought by the former to recover damages for a breach of promise of marriage. In her complaint the plaintiff alleged that on the third day of May, 1904, the defendant promised to marry her within a reasonable time, and that she, likewise, then 'and there promised to marry him. She further alleged that on that date, by reason of such promise on his part, and his attentions and professions of affection, he persuaded and induced her to…
1Opinion of the CourtJustice Gabbert
In support of the alleged error of the court in allowing .the plaintiff to amend her complaint, it is urged that the amendment was made without any showing to support it, and that for this reason the court had no authority to allow it. According to the record no such objection was interposed below. Had it been the alleged error of the court might have been corrected, or, • at least, an opportunity would have *60been afforded to pass upon a question which is now raised for the first time on appeal. The complaining party must show that in some way, and at the proper time, the trial court’s…
2Cases cited13 opinions
- Kelley v. RileyMassachusetts Supreme Judicial Court · 1871
- Haymond v. SaucerIndiana Supreme Court · 1882
- Schilling v. RomingerSupreme Court of Colorado · 1878
- Sherman v. RawsonMassachusetts Supreme Judicial Court · 1869
- McKinsey v. SquiresWest Virginia Supreme Court · 1889
8 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Kingsbury v. VreelandSupreme Court of Colorado · 1914
- Florence & Cripple Creek Railroad v. JensenSupreme Court of Colorado · 1910
- County of Gunnison v. HiderSupreme Court of Colorado · 1910
- Rieger v. AbramsWashington Supreme Court · 1917