Legal Opinion

Walker v. Vandiver

Tennessee Supreme Court

Decided December 15, 1915PublishedCited by 9 opinions

FROM FRANKLIN Appeal from the Circuit Court of Franklin County to the Court of Civil Appeals, and by certiorari to the Court of Civil Appeals from the Supreme Court.— Nathan L. Bachman, Judge.

1Opinion of the CourtJustice Buchanan

Miss Vandiver recovered a judgment against Walker based on the verdict of a jury for the sum of $1,500 as' damages for breach of a contract to marry, and the court of civil appeals affirmed the judgment. Walker has broug’ht the record here on petition for certiorari, and makes a single assignment of error, which is that the court of civil appeals erred in holding that the replication to the plea in abatement was sufficient. •

The plea in abatement was based on the pendency of two former suits for the same cause of action by plaintiff against defendant. The plea averred that one of said suits…

2Cases cited39 opinions

  1. Dillon v. . AndersonNew York Court of Appeals · 1870
  2. Commonwealth v. ChurchillMassachusetts Supreme Judicial Court · 1809
  3. Payne v. BenhamTexas Supreme Court · 1856
  4. International & Great Northern Railroad v. BartonCourt of Appeals of Texas · 1900
  5. Warder v. HenrySupreme Court of Missouri · 1893

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3Cited by9 opinions

  1. West v. Vought Aircraft Industries, Inc.Tennessee Supreme Court · 2008
  2. Joy Roy/Sam Dawkins v. W.T. DiamondCourt of Appeals of Tennessee · 1999
  3. Bryant v. MulderTennessee Supreme Court · 1932
  4. Doris Cannon ex rel. Juanita E. Good v. Bhaskar Reddy, M.D.Tennessee Supreme Court · 2014
  5. Stoll v. United States Fidelity & Guaranty Co.Court of Appeals of Tennessee · 1929

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