Welker v. Metcalf
Supreme Court of Pennsylvania
Appeal, No. 140, Jan. T., 1908, by defendant, from judgment of C. P. Blair Co., June T., 1901, No. 246, on verdict for plaintiff in case of Emma Welker v. H. Z. Metcalf. Trespass to recover damages for an alleged breach of promise of marriage.
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Appeal, No. 140, Jan. T., 1908, by defendant, from judgment of C. P. Blair Co., June T., 1901, No. 246, on verdict for plaintiff in case of Emma Welker v. H. Z. Metcalf. Trespass to recover damages for an alleged breach of promise of marriage. Before Bell, P. J. At the trial plaintiff testified that about September 1,1898, there was a mutual agreement to marry entered into between herself and defendant; that the defendant put off the marriage, alleging the illness of his daughter, and finally in May, 1901, broke the engagement altogether. The defendant denied the contract. A number of letters…
1Opinion of the Court
Opinion by
Me. Justice Mesteezat,
The defendant was too late in raising the question of the right of the plaintiff to maintain an action of trespass for the injuries complained of in this case. The writ was issued on May 29, 1901. The defendant appeared by counsel, and on July 8 ruled the plaintiff to file her declaration on or before the first Monday of the following August. The plaintiff’s statement was filed on July 13, and on the same day she ruled *378the defendant to plead. The plea of “ not guilty ” was entered by the defendant on August 5, 1901, and on September 2 he ruled the plaintiff to…
2Cases cited1 opinion
- Von Storch v. GriffinSupreme Court of Pennsylvania · 1875
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