Legal Opinion

Thrush v. Fullhart

Court of Appeals for the Fourth Circuit

Decided November 4, 1913No. 1,170PublishedCited by 5 opinions

In Error to the District- Court of the .United States for the Northern District of West-Virginia, .at Martinsburg; Alston G. Dayton, Judge. ' Action by Iva Dea Fullhart against William V. Thrush. Judgment for plaintiff, and defendant brings error.

1Opinion of the Court

KNAPP, Circuit Judge.

This is an action for breach of promise of marriage. It was tried to a jury, and the defendant in' error (hereinafter called the plaintiff) had a verdict on which judgment was entered. The plaintiff in error (hereinafter called the “defendant”) prosecutes this writ to reverse the judgment against him.

The declaration of plaintiff is in the usual form. The defendant, in addition to the general plea of non assumpsit, filed two special pleas; one alleging that his promise to marry was void under the statute of frauds of West Virginia, the other alleging that plaintiff’s cause…

2Cases cited2 opinions

  1. United States v. BreitlingSupreme Court of the United States · 1858
  2. J. W. Bishop Co. v. DodsonCourt of Appeals for the Fourth Circuit · 1907

3Cited by5 opinions

  1. Leach & Co. v. PeirsonSupreme Court of the United States · 1927
  2. Press v. DraperNew York Supreme Court · 1930
  3. Doe v. County of PlumasDistrict Court, E.D. California · 2025
  4. People of the State of California v. EisengreinDistrict Court, S.D. California · 2025
  5. Thrush v. FullhartCourt of Appeals for the Fourth Circuit · 1915

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