Legal Opinion

Giese v. Schultz

Wisconsin Supreme Court

Decided November 1, 1887PublishedCited by 9 opinions

APPEAL from the Circuit Court for Winnebago County. Action for the breach of a promise to many, and for seduction in reliance upon such promise. On the first trial the jury gave to the plaintiff a verdict for $1,050; on the second trial a verdict for $3,500, and on the third trial one for $2,144. The testimony upon each trial was substantially-the same, except as appears in the opinion.

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APPEAL from the Circuit Court for Winnebago County. Action for the breach of a promise to many, and for seduction in reliance upon such promise. On the first trial the jury gave to the plaintiff a verdict for $1,050; on the second trial a verdict for $3,500, and on the third trial one for $2,144. The testimony upon each trial was substantially-the same, except as appears in the opinion. Upon the third trial the defendant asked the court to charge as follows: “ While, under the present state of the law, a- jury may be justified in finding a verdict in favor of the female plaintiff upon her own…

1Opinion of the Court

Cole, O. J.

This case has been before this court on two previous appeals (53 "Wis. 462, and 65 Wis. 487), and the law applicable to it fully settled. It is now objected that the circuit court on the last trial misapplied the directions of this court, as given on the former decisions, in several *524respects. We do not think this objection is sustained by the record. True, the plaintiff’s testimony does not contain all the matters which she detailed upon the other trials. But some of her statements as then made in respect to miscarriage, and forcible sexual intercourse with the defendant against…

2Cases cited2 opinions

  1. Leavitt v. CutlerWisconsin Supreme Court · 1875
  2. Giese v. SchultzWisconsin Supreme Court · 1886

3Cited by9 opinions

  1. German Savings Bank v. Citizens National BankSupreme Court of Iowa · 1897
  2. Odette v. StateWisconsin Supreme Court · 1895
  3. Burch v. Southern Pacific Co.Nevada Supreme Court · 1909
  4. Lanigan v. NeelyCalifornia Court of Appeal · 1907
  5. Salchert v. ReinigWisconsin Supreme Court · 1908

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