Burke v. Shaver
Supreme Court of Virginia
Argued at Staunton. Decided at Richmond. Error to a judgment of the Circuit Court of Rockingham county, rendered October 14, 1893, in an action of assumpsit, wherein the defendant in error was the plaintiff, and the plaintiff in error was the defendant. This was an action of assumpsit to recover damages for an alleged breach of promise of marriage. The damages laid in the declaration were $5,000. There was a verdict and judgment in favor of the plaintiff for $1,000.
1Opinion of the CourtCardwell, J.
This is a writ of error to a judgment of the Circuit Court of Rockingham county. The action is for a breach of promise of marriage brought by the defendant in error against the plaintiff in error, the declaration alleging, in aggravation of damages, the seduction of the defendant in error, birth of child, &c.; and at the trial the jury awarded damages in the sum of $1,000.
The first assignment of error is to the refusal of the trial court to give the following instructions asked for by the defendant (plaintiff in error):
Instruction 1. “ The jury are instructed that if the plaintiff yielded to…
2Cases cited7 opinions
- Fant v. MillerSupreme Court of Virginia · 1867
- Fry v. LeslieSupreme Court of Virginia · 1891
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- Brooks v. WilcoxSupreme Court of Virginia · 1854
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