Delaney v. Husband

The opinion of the court was delivered by

Dixon, J.

The plaintiff brought an action in the Camden Circuit for breach of promise of marriage, and at the trial was nonsuited. Afterwards a writ of error to review the judgment was issued out of this court, and now the defendant moves that the writ be dismissed because it was issued and is prosecuted without authority from the plaintiff.

Such a motion may lawfully be made by the defendant. Hubbart v. Phillips, 13 Mees. & W. 702. In the present case it is concurred in by the plaintiff and supported by her affidavit, but it is resisted by the…