Osmun v. Winters
Oregon Supreme Court
Appeal from Multnomah: E. D. Shattuck, Judge. This appeal is brought by the defendant, H. D. Winters, to reverse a judgment recovered against him by May Osmun, in an action for a breach of promise of marriage.
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Appeal from Multnomah: E. D. Shattuck, Judge. This appeal is brought by the defendant, H. D. Winters, to reverse a judgment recovered against him by May Osmun, in an action for a breach of promise of marriage. The complaint avers a mutual promise of marriage between the plaintiff and defendant, made on or about the seventeenth day of January, eighteen hundred and ninety-two, to be performed on or about the second day of May, eighteen hundred and ninety-two, and a postponement thereof at the request of the defendant until the second day of August following; and “that on or about the tenth day…
1Opinion of the Court
*262Opinion by
Mr. Justice Bean.
The first question arises upon the following instruction : “ This is an action for a breach of promise of marriage, and although there has been a good deal of evidence introduced here bearing upon the question of seduction, which is set up in the pleadings of the case, you must not consider seduction as the principal element in the case. All that can be claimed for or gained by the charge of seduction in these pleadings is an aggravation of damages, and you have nothing to do with that question unless you first find that there was a promise of marriage, and that the…
2Cases cited16 opinions
- Kniffen v. . McConnellNew York Court of Appeals · 1864
- Kelley v. RileyMassachusetts Supreme Judicial Court · 1871
- Haymond v. SaucerIndiana Supreme Court · 1882
- Sheahan v. BarryMichigan Supreme Court · 1873
- Leonard v. PopeMichigan Supreme Court · 1873
11 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- DeMendoza v. HuffmanOregon Supreme Court · 2002
- Geiger v. PayneSupreme Court of Iowa · 1896
- Lanigan v. NeelyCalifornia Court of Appeal · 1907
- Osmun v. WintersOregon Supreme Court · 1896
- Stamm v. WoodOregon Supreme Court · 1917
11 more not listed; retrieve them via the Exa API.