Sabine v. Fisher
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Jefferson County. Action for breach of promise of marriage. The action was originally brought in tbe name of tbe plaintiff without guardian. On the trial it appeared in the plaintiff’s evidence that she was under the age of twenty-one years. Thereupon her counsel moved for leave to have a guardian ad litem appointed to prosecute the action for her, to which defendant’s counsel objected and moved the court to dismiss the action.
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APPEAL from tbe Circuit Court for Jefferson County. Action for breach of promise of marriage. The action was originally brought in tbe name of tbe plaintiff without guardian. On the trial it appeared in the plaintiff’s evidence that she was under the age of twenty-one years. Thereupon her counsel moved for leave to have a guardian ad litem appointed to prosecute the action for her, to which defendant’s counsel objected and moved the court to dismiss the action. The court allowed the motion of plaintiff and appointed a guardian ad litem, and the trial proceeded, resulting in a verdict for the…
1Opinion of the Court
RyaN, 0. J.
We see no ground for disturbing the judgment
There is no error in the leave given to the respondent to amend, so as to prosecute the suit by her next friend. Had she proceeded without leave, the judgment could not be reversed on that ground. Hafern v. Davis, 10 Wis., 501; Wheeler v. Smith, 18 id., 651.
The exception to the charge of the court below is general, and therefore can raise no question here. Heath v. Heath, 31 Wis., 223. But we have looked into the charge, and see no misdirection or ground for complaint in it.
The're certainly was abundant evidence to support the verdict,…
2Cases cited3 opinions
- Heath v. HeathWisconsin Supreme Court · 1872
- Jones v. EvansWisconsin Supreme Court · 1871
- Hafern v. DavisWisconsin Supreme Court · 1860
3Cited by8 opinions
- Corcoran v. HarranWisconsin Supreme Court · 1882
- In re Estate of CahillCalifornia Supreme Court · 1887
- Green v. Appleton Woolen MillsWisconsin Supreme Court · 1916
- Hepp v. HuefnerWisconsin Supreme Court · 1884
- Smith v. PeckhamWisconsin Supreme Court · 1876
3 more not listed; retrieve them via the Exa API.