Gannon v. Alsbury

The Chief Justice

delivered the opinion of the court.

This is a writ of error to a judgment of the plaintiff, in an action of assumpsit upon a promise to marry.

The errors assigned are—

1. The the declaration is insufficient.

2. The court erred in the instructions given to the jury.

3. The court erred in overruling the motion for a new trial.

I. As to the insufficiency of the declaration. Previous to ah examination of the particular objections relied on by the counsel for the plaintiff in. error, it may be proper to premise, that the declaration consists of four counts. The first is upon a promise…