King v. Kersey

Perkins, J,

Case for breach of marriage promise. The declaration was demurred to because it did not aver a request to marry on the part of the plaintiff. The demurrer was overruled. This was right. The declaration averred that the defendant had married another. Hence no averment of a request to many the plaintiff was necessary. 1 Swa. Pr. 300, note.

The general issue was filed. At a subsequent term a continuance was moved for by the defendant upon an affidavit that he could, by an absent witness, impeach the plaintiff’s character for chastity. Evidence for that pur*403pose might have been…