Cole v. Hoeburg
Supreme Court of Kansas
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,…
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