Mains v. Cosner

Citations

• 62 Ill. 465

Syllabus

<p>1. Seduction—evidence—promise to marry. In an action by a father for the seduction of his daughter, the admission of testimony that defendant had promised to marry the daughter, when the jury are instructed not to consider the promise of marriage in aggravation of damages is not erroneous but proper.</p> <p>2. Same—evidence for defendant. In such action, the defendant offered to prove that his parents were opposed to his keeping company with plaintiff’s daughter on account of his youth and indiscretion, and that plaintiff had been notified of such fact, not directly from defendant’s parents, which the court refused to admit: Held, that the court decided correctly.</p> <p>3. Same. If the offer had been to prove that plaintiff had been warned against the defendant on account of his bad habits, or profligate character, the evidence would have been admissible. But knowledge of the plaintiff that defendant’s parents were opposed to his keeping the company of the daughter on the mere ground of youth and indiscretion would not indicate that a seduction was apprehended.</p> <p>4. Verdict—setting aside—irregularity. The court, when about to adjourn for the day, in the absence of defendant’s counsel, directed the sheriff to allow the jury upon agreement to seal up their verdict and disperse, with instruction to meet the court in the morning, which was done. In the morning the jury met the court and delivered their verdict, the defendant’s counsel being present. The court refused to set aside the verdict for the cause stated : Held, that, as it did not appear that defendant was in any manner prejudiced, the irregularity was no ground for setting aside the verdict.</p> <p>5. Error IN fact—infant’s appearance by attorney. The defendant in a suit at law appeared by attorney, and on the trial it appeared incidentally that the defendant was an infant. The question of infancy was not raised in the court below. On error, it was objected, for the first time, that the appear anee sh