Legal Opinion

Broughton v. Smart

Illinois Supreme Court

Decided September 15, 1871PublishedCited by 9 opinions

Appeal from the Circuit Court of Livingston county; the Hon. Charles H. Wood, Judge, presiding. This was an action of assumpsit, in which the declaration, among other alleged causes of action, contained a count for work and labor. The basis for this count was certain services performed by the plaintiff in the family of the defendant while she was making her home at his house.

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Appeal from the Circuit Court of Livingston county; the Hon. Charles H. Wood, Judge, presiding. This was an action of assumpsit, in which the declaration, among other alleged causes of action, contained a count for work and labor. The basis for this count was certain services performed by the plaintiff in the family of the defendant while she was making her home at his house. On this branch of the case, the court below refused the following instruction asked by the defendant: “ 3d. If the jury believe, from the evidence, that the plaintiff made her home at the defendant’s during the time that…

1Opinion of the CourtJustice Breese

This was an action of assumpsit. The declaration counts upon a promise by the defendant to marry the plaintiff on request; on a promise to marry plaintiff in a reasonable time; on a promise to marry her in the fall of' 1869; and a count for use and occupation, goods, wares and merchandise, the money counts, and account stated.

On leave to amend the declaration, the plaintiff added a count alleging seduction and abandonment by the defendant.

To the first four counts the general issue was pleaded, and issue joined, and á plea of set off to the common counts; and to the additional count, not…

2Cited by9 opinions

  1. Garshon v. AaronAppellate Court of Illinois · 1947
  2. Conway v. City of ChicagoIllinois Supreme Court · 1905
  3. Miller v. ScandrettAppellate Court of Illinois · 1945
  4. Siegmund v. StrackbeinAppellate Court of Illinois · 1908
  5. Brady v. ChaffeeAppellate Court of Illinois · 1911

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