Smith v. Milburn
Supreme Court of Iowa
Appeal from Linn District Court. The petition alleges that defendant, on the 1st of January, 1862, and on other days, &c., “ with force and arms, assaulted, debauched and carnally knew ” the said plaintiff, &c. Trial and verdict for plaintiff, and defendant appeals. The other material facts will be found referred to in the opinion.
1Opinion of the Court
"Weight, Ch. J.
The errors relied on will be noticed, as far as possible, in the order in which they are discussed by counsel.
The petition does not allege that plaintiff was an unmarried female of previous chaste character, nor does it allege the use of any arts, flattery or deception, nor is the word “seduced” found therein. On the trial, plaintiff claimed and admitted that the gist and gravamen of her action was for seduction, and it was for this she sought to recover throughout. The instructions as asked by defendant, and all those given by the court, proceed upon the same ground. Nor is ’…
2Cases cited5 opinions
- Ande v. StateSupreme Court of Iowa · 1857
- Sargent v.New York Supreme Court · 1825
- Stevenson v. BelknapSupreme Court of Iowa · 1858
- Hintermeister v. StateSupreme Court of Iowa · 1855
- Pierce v. School District No. FourSupreme Court of Iowa · 1859
3Cited by29 opinions
- McCready v. Sexton & SonSupreme Court of Iowa · 1870
- Salchert v. ReinigWisconsin Supreme Court · 1908
- Morgan v. MuenchSupreme Court of Iowa · 1916
- Patterson v. HaydenOregon Supreme Court · 1889
- Brown v. KingsleySupreme Court of Iowa · 1874
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