Legal Opinion

Cole v. Hoeburg

Supreme Court of Kansas

Decided January 15, 1887PublishedCited by 11 opinions

Error from Clay District Court. Action by Martha Hoeburg against John Cole, to recover $5,000 damages for an alleged breach of a promise of marriage, and for seduction under the promise aforesaid. January 22, 1885, judgment for plaintiff and against defendant for $5,000, as upon a default and without the introduction of any evidence. To reverse this judgment, the defendant brings the case to this court. The opinion contains a sufficient statement of the facts.

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

This was an action brought January 30, 1884, by Martha Hoeburg against John Cole, for the recovery of $5,000 damages for an alleged breach of a promise of marriage, and for seduction. No cost-bond was filed in the case, but in lieu thereof the plaintiff made a poverty-affidavit, which was defective in not stating that her cause of action was just; and for this reason the original summons was set aside, upon the ground that it had been improvidently issued. Afterward, and on October 23, 1884, the plaintiff filed another poverty-affidavit,…

2Cases cited2 opinions

  1. Union Pacific Railway Co. v. PillsburySupreme Court of Kansas · 1883
  2. Claypoole v. HoustonSupreme Court of Kansas · 1873

3Cited by11 opinions

  1. Gunder v. TibbitsIndiana Supreme Court · 1899
  2. Mabee v. McDonaldTexas Supreme Court · 1915
  3. Becker v. RootheSupreme Court of Kansas · 1959
  4. Fowler v. FowlerSupreme Court of Oklahoma · 1905
  5. Case v. EdsonSupreme Court of Kansas · 1888

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