Pithan v. Wangler
South Dakota Supreme Court
Appeal from Circuit Court, Spink County. Hon. Alva E. Taylor, Judge. Action by Rosa Pithan against Emil J. Wangler, to recover damages for alleged breach of promise, and for alleged seduction •by defendant. From an qrder striking out the cause of action for seduction, plaintiff appeals.
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Appeal from Circuit Court, Spink County. Hon. Alva E. Taylor, Judge. Action by Rosa Pithan against Emil J. Wangler, to recover damages for alleged breach of promise, and for alleged seduction •by defendant. From an qrder striking out the cause of action for seduction, plaintiff appeals. “An objection to the allowance of an amendment should be made when leave to amend is asked; and in order to avail himself of error in granting the amendment, the party objecting should stand on the ruling, etc.” 31 Cyc. 751. Wheeler v. West, 78 Cal. 95-7, 20'Pac. 45. “Objections should be made at the first…
1Opinion of the CourtWhiting, J.
[1] Plaintiff brought this action to recover damages for an alleged breach of promise of marriage, and in her complaint, as a part of her cause of action and in aggravation of the damages flowing from the alleged breach of contract, she pleaded her seduction by defendant. The case was tried and verdict and judgment entered in favor of plaintiff. Defendant asked for a new trial, and an order for same was granted. Pending the time for such new trial, the plaintiff, upon due notice given, moved the trial court for an order allowing her to amend her complaint. Attached to the moving papers was…
2Cases cited6 opinions
- Smith v. ColemanWisconsin Supreme Court · 1890
- Pierson v. Minnehaha CountySouth Dakota Supreme Court · 1910
- Sterne v. VertIndiana Supreme Court · 1887
- Male v. HarlanSouth Dakota Supreme Court · 1900
- Logeling v. New York Elevated RailroadAppellate Division of the Supreme Court of the State of New York · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Bohl v. BohlSouth Dakota Supreme Court · 1948