Davis v. Pryor
Court of Appeals for the Eighth Circuit
In Error to the United States Court of Appeals in the Indian Territory. The defendant in error, who was plaintiff below, instituted her action in the United States court for the Northern district in the Indian Territory, against the plaintiff in error, for a breach of a contract of marriage alleged to have been entered into between her and the defendant in December, 1896. With a view of aggravating the damages, she also alleged subsequent seduction by him.
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In Error to the United States Court of Appeals in the Indian Territory. The defendant in error, who was plaintiff below, instituted her action in the United States court for the Northern district in the Indian Territory, against the plaintiff in error, for a breach of a contract of marriage alleged to have been entered into between her and the defendant in December, 1896. With a view of aggravating the damages, she also alleged subsequent seduction by him. Defendant denied the alleged contract and seduction. The evidence disclosed that plaintiff, a young woman of about 21 years of age, and…
1Opinion of the CourtAdams, District Judge
There are many assignments of error, one of which is that the trial court erred in not directing a verdict in favor of the defendant. A consideration of this assignment is all that is necessary for a disposition of this case.
After a patient reading and consideration of all the evidence in the record, which has been summarized in the foregoing statement, we have no doubt that defendant, Davis, was in contemplation of law a married man at the time the alleged contract of marriage with plaintiff was made. Marriage is a civil contract, and may be made by any persons of different sexes competent…
2Cases cited8 opinions
- Meister v. MooreSupreme Court of the United States · 1878
- Kelley v. RileyMassachusetts Supreme Judicial Court · 1871
- Rose v. ClarkNew York Court of Chancery · 1841
- Blodgett v. PerrySupreme Court of Missouri · 1888
- Commonwealth v. StumpSupreme Court of Pennsylvania · 1866
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3Cited by12 opinions
- Lefkoff v. SicroSupreme Court of Georgia · 1939
- Guffin v. KellySupreme Court of Georgia · 1941
- In Re Love's EstateSupreme Court of Oklahoma · 1914
- Great Northern Ry. Co. v. JohnsonCourt of Appeals for the Eighth Circuit · 1918
- Lowe v. QuinnNew York Court of Appeals · 1971
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