Sauer v. Schulenberg
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. This was an action for the breach of a promise of marriage, brought by the appellee against the appellant. Exception: At the instance of the plaintiff the Court instructed the jury that the damages to be given in this action rests in their .sound discretion under all the circumstances of the case.
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Appeal from the Superior Court of Baltimore City. This was an action for the breach of a promise of marriage, brought by the appellee against the appellant. Exception: At the instance of the plaintiff the Court instructed the jury that the damages to be given in this action rests in their .sound discretion under all the circumstances of the case. The defendant offered two prayers, the first of which was granted; the second, as follows, was- rejected, the Court thinking the- subject properly covered by the instruction given at the instance of the plaintiff: That evidence of the carnal…
1Opinion of the CourtMiller, J.
This case was tried in the Superior Court and resulted in a verdict for the plaintiff. A motion for a new trial was made by the defendant, which was heard and determined in the Supreme Bench under the provisions of Art. 4, sec. 33 of the Constitution. The motion was overruled, and judgment upon the verdict was then rendered by the Superior Court, and from that judgment this appeal is taken. The appellant’s counsel, in their brief, have argued that the action of the Supreme Bench on this motion is a subject of appeal and review by this Court. -This position, however, cannot be sustained, for,…
2Cases cited6 opinions
- Kniffen v. . McConnellNew York Court of Appeals · 1864
- Wells v. PadgettNew York Supreme Court · 1850
- Paul v. FrazierMassachusetts Supreme Judicial Court · 1807
- Tubbs v. KleekIllinois Supreme Court · 1851
- Roper v. ClaySupreme Court of Missouri · 1853
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3Cited by10 opinions
- Haymond v. SaucerIndiana Supreme Court · 1882
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- Osmun v. WintersOregon Supreme Court · 1894
- Baltimore City Passenger Railway Co. v. SewellCourt of Appeals of Maryland · 1872
- Wrynn v. DowneySupreme Court of Rhode Island · 1906
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