Osmun v. Winters
Oregon Supreme Court
From Multnomah: E. D. Shattuck, Judge. Action of damages for breach of a contract of marriage, brought by May Osmun against H. D. Winters. There was a verdict for plaintiff for $10,500, which was reversed in this court, 25 Or. 260 (35 Pac. 260). On a second trial the jury disagreed, but on a third trial there was a verdict of $9,000, from which this appeal is taken.
1Opinion of the Court
Opinion by
Mr. Justice Wolverton.
1. This is an action to recover for breach of a promise of marriage. The facts, sufficient for an understanding of the points decided, appear iii the opinion. Error is predicated of the action of the court below in overruling defendant’s motion, based upon his affidavit, for leave to file an amended answer, and also in overruling a subsequent motion to strike out certain portions of the original answer. The points of divergence between the original and the proposed amended answer arise in the further and separate defenses interposed. The answer sought to be…
2Cases cited17 opinions
- State v. TullerSupreme Court of Connecticut · 1867
- Miller v. . BarberNew York Court of Appeals · 1876
- Thorn v. . KnappNew York Court of Appeals · 1870
- Johnson v. . JenkinsNew York Court of Appeals · 1862
- Kelley v. HighfieldOregon Supreme Court · 1887
12 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Davis v. Tyee Industries, Inc.Oregon Supreme Court · 1983
- State v. Yee GuckOregon Supreme Court · 1921
- Pacific Livestock Co. v. GentryOregon Supreme Court · 1900
- Bingham v. LipmanOregon Supreme Court · 1901
- State v. MagoneOregon Supreme Court · 1897
12 more not listed; retrieve them via the Exa API.