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2 Blackf. 194

Whalen v. Layman

Indiana Supreme Court

Decided November 13, 1828

Indiana Supreme Court · decided 1828-11-13

—Sarah Layman brought an action of assumpsit against Thomas Whalen, for a breach of promise of marriage. The defendant pleaded the general issue. Verdict and judgment for the plaintiff.

Good law ✅— No negative treatment on recordhow we know

Decided 1828-11-13

How this case has been cited

Cited by 4 later decisions — most recently December 1899

4 state decisions

1018281830184018501860187018801890decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Scott, J.

¶1In an action for a breach of promise of marriage, the plaintiff offered proof of seduction. The defendant objected; but the Court overruled the objection, and permitted the evidence to go to the jury; and there was a verdict for the plaintiff below for 100 dollars. The admission of evidence of seduction is complained of by the plaintiff in error, and this is the only point in the case. There is no error here. The evidence was proper for the consideration of the jury, and the Court acted correctly in admitting it. 2 Stark. Ev. 942, n. 1, —Paul v. Frazier, 3 Mass. R. 73.—Boynton v. Kellogg, id. 189. The contrary was decided in the case of Burks v. Shain, 2 Bibb, 341; but that case is not supported by any other decision within our knowledge.

Per Curiam.

¶2The judgment is affirmed, with 5 per cent, damages and costs.

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