Parker v. Monteith
Oregon Supreme Court
Appeal from Linn County. The facts are stated in the opinion of the court. The second and third assignments of error are based on the theory that the complaint is insufficient, in not alleging Flora Parker was the daughter of the plaintiff. This allegation is necessary and material, and it must be directly made — the fact pleaded in issuable form. (2 Greenl. Ev. sec. 571; 2 Estee’s PI. 101 and 104; 16 La.
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Appeal from Linn County. The facts are stated in the opinion of the court. The second and third assignments of error are based on the theory that the complaint is insufficient, in not alleging Flora Parker was the daughter of the plaintiff. This allegation is necessary and material, and it must be directly made — the fact pleaded in issuable form. (2 Greenl. Ev. sec. 571; 2 Estee’s PI. 101 and 104; 16 La. Ann. 180.) Flora Parker’s statements and declarations to Sarah Parker as to her feelings or the state of her health were not competent for any purpose. (Bacon v. Inhabitants of Charlton, 7…
1Opinion of the Court
By the Court,
Kelly, C. J.:
This was an action brought by respondent against the appellant for the seduction of his daughter. The complaint alleges substantially: “That at the time, hereafter mentioned, one Flora Parker, the daughter of the plaintiff, was of the age of seventeen years. That on or about the ■- day of June, 1876, and at divers times since, in the county and state aforesaid, the said defendant, well knowing the said Flora Parker to be the daughter of the plaintiff, then and there wrongfully and unlawfully contriving and intending to injure, disgrace, and distress, and wound the…
2Cases cited6 opinions
- Indiana Central Railway Co. v. MundyIndiana Supreme Court · 1863
- Gillet v. MeadNew York Supreme Court · 1831
- Brownell v. McEwenNew York Supreme Court · 1848
- Keating v. State ex rel. HomanIndiana Supreme Court · 1873
- Amick v. TharpSupreme Court of Virginia · 1856
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Harrod v. BissonIndiana Court of Appeals · 1911
- Patterson v. HaydenOregon Supreme Court · 1889
- Mattechek v. PughOregon Supreme Court · 1935
- Heneky v. SmithOregon Supreme Court · 1882
- Thomas v. BowenOregon Supreme Court · 1896
5 more not listed; retrieve them via the Exa API.