23 N.J.L. 309
Decided February 15, 1852
Supreme Court of New Jersey · decided 1852-02-15
This was an action of assumpsit- for .breach of promise of marriage. The declaration contained four counts. The promise was laid, in the first count, on the first of January, 1851 ; in the second count, on the first of March ; and in the third count, on the first of February, in the same year.
Cited in Bouvier (1914)’s definition of “Declaration”
Decided 1852-02-15
¶1Every material traversable fact must be alleged in the declaration with convenient certainty of time and place. The rule applies though the precise day be immaterial. No time is specified when the promise set out in the fourth count was made. “ The day and year aforesaid ” may refer, and is equally applicable to either of several days previously mentioned in the declaration.
¶2Judgment for the demurrant, with leave to the plaintiff.to amend.