Olson v. Solveson
Wisconsin Supreme Court
APPEAL from the Circuit Court for Wauhesha County. The following statement of the case was prepared by Mr. Justice Cassoday : This is an action for damages for an alleged breach of a promise made October 26, 1885, whereby the defendant agreed to marry the plaintiff, and then refused. The answer was a general denial.
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APPEAL from the Circuit Court for Wauhesha County. The following statement of the case was prepared by Mr. Justice Cassoday : This is an action for damages for an alleged breach of a promise made October 26, 1885, whereby the defendant agreed to marry the plaintiff, and then refused. The answer was a general denial. Upon the trial the jury returned a verdict in favor of the plaintiff, and assessed her damages at $1,500. From the judgment entered upon such verdict the defendant appeals.
1Opinion of the CourtCassoday, J.
The verdict is abundantly sustained by the evidence. In fact, the promise and refusal are both conceded. The several errors assigned will be considered.
1. Two juries were out, and one juryman had been excused at the time the cause was called for trial. This left but eleven names in the box, and the defendant objected to proceeding with the trial for that reason. It was never intended that the business of the court should be suspended merely because the regular panel of jurors should be thus exhausted. On the contrary, the statutes expressly provide that “ when, by reason of challenge or…
2Cases cited6 opinions
- Bennett v. BeamMichigan Supreme Court · 1880
- Reed v. ClarkCalifornia Supreme Court · 1873
- Gilchrist v. BrandeWisconsin Supreme Court · 1883
- Royal v. SmithSupreme Court of Iowa · 1875
- Waters v. BristolSupreme Court of Connecticut · 1857
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3Cited by19 opinions
- State v. LindellWisconsin Supreme Court · 2001
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- Hammill v. StateWisconsin Supreme Court · 1979
- Grace v. DempseyWisconsin Supreme Court · 1889
- Stratton v. DoleNebraska Supreme Court · 1895
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