Fidler v. McKinley
Illinois Supreme Court
This was an action of assumpsit, for breach of promise of '■marriage, tried at the August special term of the Fulton Circuit Court, before Bailey, Judge, and a jury. The first count of the declaration is upon a promise to marry on request, the second on a promise to marry in a reasonable time, the third upon a promise to marry in the latter part of the fall or fore part of the winter of 1856, and the fourth on a promise to marry generally. The general issue only was pleaded.
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This was an action of assumpsit, for breach of promise of '■marriage, tried at the August special term of the Fulton Circuit Court, before Bailey, Judge, and a jury. The first count of the declaration is upon a promise to marry on request, the second on a promise to marry in a reasonable time, the third upon a promise to marry in the latter part of the fall or fore part of the winter of 1856, and the fourth on a promise to marry generally. The general issue only was pleaded. On the trial, the plaintiff called Henry Walker, as a witness, who testified that a case was pending, on complaint of…
1Opinion of the CourtWalker, J.
This was an action brought by defendant in error against plaintiff in error, for a breach of marriage contract. The evidence shows that she was delivered of a child recently before the institution of the suit. On the trial, the jury found a verdict in her favor, and assessed the damages at one thousand three hundred and fifty dollars. A motion for a new trial was entered and overruled, and a judgment rendered upon the verdict, to reverse which, this writ of error is prosecuted.
We are asked to reverse this judgment because the court below instructed the jury that if they, from the evidence,…
2Cases cited3 opinions
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- Smith v. HillIllinois Supreme Court · 1958
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- Lanigan v. NeelyCalifornia Court of Appeal · 1907
- Blackburn v. MannIllinois Supreme Court · 1877
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