Cooper v. Bower

Citations

• 78 Kan. 156
• 96 P. 59
• 1908 Kan. LEXIS 25

Syllabus

<p>syllabus BY THE COURT.</p> <p>1. Evidence — Mutuality of a Marriage Contract — Self-serving Declarations. Where in an action for damages for breach of promise to marry the defendant has introduced evidence intended to prove that the plaintiff, during the time the engagement is claimed to have existed, declared to others that she would not marry the defendant, it is not error to permit the plaintiff to give evidence of her declarations during that period of her being engaged to marry him, for the purpose of showing the mutuality of the contract.</p> <p>2. - Same. In such a case declarations of the plaintiff to other persons with regard to the conduct of the defendant with respect to his agreement to marry her are not admissible.</p> <p>3. -Objection to Incompetent Question Overruled — Exception Not Waived. When an incompetent question has been objected to, and an exception has been taken to the overruling of it, it is not necessary for the objecting party, in order to have the benefit of the exception, to renew his objection where in response to a suggestion from the witness as to the manner of his answer the examiner tells him to proceed in his own way.</p> <p>4. Marriage Contract — Consideration. The evidence examined and held not to show conclusively that the contract relied upon by the plaintiff was based upon an unlawful consideration.</p> <p>5. -Promise Made before Divorce Becomes Absolute. Notwithstanding the language of the statute (Gen. Stat. 1901, § 5142) that every decree of divorce shall recite that it does not become absolute and take effect until the expiration of six months from its date, a party to a divorce proceeding may within six months from the time a decree is rendered make a valid contract to marry after the lapse of that interval, the provision referred to having been interpreted as a mere restriction upon marriage within that time.</p> <p>6. -Denial of Promise — Action for Breach before Divorce Becomes Absolute. Where in an action for dama