Vaughan v. Smith
Indiana Supreme Court
Prom Wayne Circuit Court; Henry C. Fox, Judge. Action by Susan J. Smith, against John D. Vaughan. From a judgment for plaintiff, the defendant appeals. (Transferred from the Appellate Court under §1405 Burns 1908, Acts 1901 p. 590.)
1Opinion of the CourtCox, J.
This action was brought to recover damages for breach of an alleged verbal contract of marriage.
The original complaint, consisting of one paragraph, was filed on December 24, 1907, in this it was alleged that on the - day of -, 1905, appellant, in consideration of the promise of appellee to marry him upon request, promised and agreed to marry her. No proceedings- were taken in the cause upon this complaint.
Appellee, on January 20,1908, filed an amended complaint, which was very materially and essentially different from the original complaint, and in which it was alleged that appellant’s…
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