McCarville v. Boyle
Wisconsin Supreme Court
Appeal from an order of the circuit court for La Fayette county: Geo. ClemeNtsoN, Circuit Judge! This is an action for breach of marriage promise. The complaint contains a statement of the promise and its breach by refusal to marry, upon request, within a reasonable time, and also this allegation: “ That since said promise of the defendant to marry the plaintiff he has become married to another woman, contrary to his said promise made to the plaintiff.”
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Appeal from an order of the circuit court for La Fayette county: Geo. ClemeNtsoN, Circuit Judge! This is an action for breach of marriage promise. The complaint contains a statement of the promise and its breach by refusal to marry, upon request, within a reasonable time, and also this allegation: “ That since said promise of the defendant to marry the plaintiff he has become married to another woman, contrary to his said promise made to the plaintiff.” The defendant moved for an order requiring this allegation to be made more certain “ by stating whether the said marriage therein referred to…
1Opinion of the CourtNewkaN, J.
There are two insuperable reasons why the order apjoealed from cannot be reversed on this appeal. (1) The order is right; (2) it is not appealable.
1. Sec. 2683, R. S., provides: “When the allegations of the pleading are so indefinite or uncertain that the precise nature of the charge or defense is not apparent, the court or presiding judge may require the pleading to be made definite and certain by amendment.” The “ precise nature of the charge ” is conspicuously apparent by the allegations of the complaint in this action. It clearly alleges both the promise and its breach. That comprises all…
2Cases cited6 opinions
- Noonan v. OrtonWisconsin Supreme Court · 1872
- Jones v. WalkerWisconsin Supreme Court · 1867
- Crerar v. Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1874
- Spensley v. Janesville Cotton Manufacturing Co.Wisconsin Supreme Court · 1885
- Freeman v. Engelmann Transportation Co.Wisconsin Supreme Court · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Adamson v. RaymerWisconsin Supreme Court · 1896
- Crowley v. HicksWisconsin Supreme Court · 1898
- Hartwig v. HarveyWisconsin Supreme Court · 1947
- Board of Supervisors v. Van StralenWisconsin Supreme Court · 1878
- McElroy v. Minnesota Percheron Horse Co.Wisconsin Supreme Court · 1901
6 more not listed; retrieve them via the Exa API.