Oswood v. Kruidinier
South Dakota Supreme Court
Appeal from Circuit Court, Brown County. Hon. Frank McNulty, Judge. Action by Sena Oswood against Perry Kruidinier, for damages for seduction under promise of marriage. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. Appellant submitted that: The actual settlement depends upon •the averments of the complaint in the former case which was settled, and these must be proved by evidence.
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Appeal from Circuit Court, Brown County. Hon. Frank McNulty, Judge. Action by Sena Oswood against Perry Kruidinier, for damages for seduction under promise of marriage. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. Appellant submitted that: The actual settlement depends upon •the averments of the complaint in the former case which was settled, and these must be proved by evidence. They cannot be proved by the declarations <-of the party and her counsel made in defendant’s absence. And cited: Mowbray v. Gould, 82 N. Y. S. 102; Oliphant v. Liversidge,…
1Opinion of the CourtGates, J.
This is an action for damages' -for seduction under promise of marriage. The answer of the defendant alleged the bringing of a former action upon the same cause of action; its settlement and the settlement of a bastardy proceeding for the consideration paid of $t,ooo and the dismissal of the former action upon its merits. It appears that in March, 1911, prior to- the •bringing of the present action, there were pending in the circuit court within ,and for Brown county, three actions against this defendant; viz: .a civil action which is claimed to he similar in effect to the present action; a…
2Cases cited8 opinions
- State v. KapelinoSouth Dakota Supreme Court · 1906
- Oliphant v. LiversidgeIllinois Supreme Court · 1892
- Cohen v. HarrisSupreme Court of Florida · 1911
- McDowell v. GoldsmithCourt of Appeals of Maryland · 1854
- Johnston v. SpoonheimNorth Dakota Supreme Court · 1909
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