Dietrich v. Davies

Citations

• 274 Pa. 213
• 117 A. 915
• 1922 Pa. LEXIS 670

Syllabus

<p>Marriage — Contract—Breach of promise — Form of action — Assumpsit — Defense—Practice, C. P. — Act of May Ik, 1915, P. L. 1¡SS —Motion to strilce out evidence — General objection.</p> <p>1. The appropriate action in which to recover damages for breach of promise of marriage is assumpsit.</p> <p>2. If the action is brought in trespass, defendant may file an affidavit of defense, and proceed as if the suit were in assumpsit.</p> <p>3. In an action for breach of promise of marriage, where defendant does not, in his affidavit of defense, set up a prior marriage, and a consequent disability of plaintiff to contract a marriage with him, he cannot, under the Act of May 14, 1915, P. L. 483, set up such a defense at the trial.</p> <p>4. If at the trial it is elicited that plaintiff had at one time been married, and subsequently she testified she had been divorced, and defendant moves to strike out such testimony, without stating a ground therefor, the court commits no error in refusing to strike it out.</p> <p>5. Where a general objection is made to the admission of evidence or a general motion to strike out, no reason being assigned, if the proof offered is at all admissible, it will be received.</p>