Barge v. Haslam
Nebraska Supreme Court
Error from the district court for Dodge county. Tried below before Marshall, J. Tbe defendant answered, proceeded to trial and speculated as to a verdict. When the finding was adverse he asked for judgment non obstante veredicto, on the gronnd that the petition was open to a general demurrer. A court would hardly look with favor upon such practice. Mutual promises of marriage do not come within the statute of frauds.
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Error from the district court for Dodge county. Tried below before Marshall, J. Tbe defendant answered, proceeded to trial and speculated as to a verdict. When the finding was adverse he asked for judgment non obstante veredicto, on the gronnd that the petition was open to a general demurrer. A court would hardly look with favor upon such practice. Mutual promises of marriage do not come within the statute of frauds. Short v. Stotts, 58 Ind., 29; Withers v. Richardson, 5 T. B. Mon. [Ky.], 94, 17 Am. Dec., 44. They are expressly excepted by the Nebraska statute. Compiled Statutes, 1895, cli.…
1Opinion of the Court
Hastings, C.
This is an action for breach of promise of marriage, in which the trial court rendered judgment for defendant and dismissed the action, notwithstanding a verdict for plaintiff in the sum of $700. The final action of the trial court was in terms as follows:
“On this 11th day of May, 1898, this cause came on for hearing upon the motion of the defendant for a judgment upon the pleadings notwithstanding the verdict of the jury, and the court being of opinion that the defendant is entitled to judgment upon the statements in the said pleadings, and being fully advised in the premises,…
2Cases cited2 opinions
- Nichols v. WeaverSupreme Court of Kansas · 1871
- Lewis v. TapmanCourt of Appeals of Maryland · 1900
3Cited by3 opinions
- Jones v. Chicago, Burlington & Q. R.Wyoming Supreme Court · 1915
- Brock v. ButtonWashington Supreme Court · 1936
- Haslam v. BargeNebraska Supreme Court · 1903