Glasscock v. Shell

Citations

• 57 Tex. 215
• 1882 Tex. LEXIS 124

Syllabus

<p>1. Citation — Copy of petition.—That the copy of the petition served upon the defendant was not authenticated by the seal of the court, is not a reason for quashing the service of citation.</p> <p>2. Pleading—Breach of promise to marry.— It is not necessary to allege the age of the plaintiff in- a suit for breach of promise to marry, so that the court may thereby judge whether plaintiff was of marriageable age at the making of the alleged contract.</p> <p>3. Same.—In an action for breach of promise to marry, it is necessary that the facts be set out which are relied upon as damages.</p> <p>4. Same.— The usual elements of actual damages include the disappointment of reasonable expectations; the money value or worldly advantages of the proposed marriage; the injury to the feelings and affections; the wounding of the pride, and the actual outlay in the preparation for the marriage, etc. If relied upon, they should be alleged and proven.</p> <p>5. Same.—If such specific facts are not alleged and proven as elements of damage, upon objection made in the proper time and manner, the plaintiff would be entitled only to nominal damages.</p> <p>6. Same—Charge of court.— The charge should apply to the allegations and proof in each case, and the proper rule for the measure of damages should he given in such, cases; a failure is error.</p>