Shuler v. . Millsaps
Supreme Court of North Carolina
This was a civil action for a breach of promise of marriage commenced in Jackson county, and carried thence to the Superior Court of SwaiN county, where it was tried before Cannon., J., at Spring Term, 1874. The facts are stated in the opinion of the Court. His Honor, on the trial below, held that the suit had abated" and gave judgment accordingly. From this judgment plaintiff appealed.
1Opinion of the CourtSettle, J.
The plaintiff, whose maiden name was Martha L. Cathey, brought this action against John A. Millsaps, the defendant’s testator, to recover damages for the breach of a marriage contract. Since the cause was put to issue, the plaintiff intermarried with one James Shuler, who has not been made a party to this action.
And the defendant Millsaps having died since the cause was at issue, his executor, the present defendant, was made a party in his stead.
The defendant then moved the Court to dimiss the action for that the same had abated; “ 1st, because of the intermarriage of the plaintiff with James…
2Cited by11 opinions
- Crowell v. . CrowellSupreme Court of North Carolina · 1920
- Crowell v. CrowellSupreme Court of North Carolina · 1920
- Roberts v. . RobertsSupreme Court of North Carolina · 1923
- Graves v. . HowardSupreme Court of North Carolina · 1912
- Allen v. . BakerSupreme Court of North Carolina · 1882
6 more not listed; retrieve them via the Exa API.