53 Ga. App. 722 | Ga. Ct. App. | 1936
1. There can be no seduction without carnal knowledge of the woman by the alleged seducer, and that must have been induced by promise of marriage by the man or by other false and fraudulent means. Code, § 26-6001. On the trial of this suit by a woman against a man, to recover damages for a breach of promise of marriage, neither party testified, and the only evidence from which it could possibly be inferred that the plaintiff had been seduced by the defendant was the testimony of witnesses other than the parties, to the effect that the defendant had continuously paid court to the plaintiff, who was an unmarried woman, for more than two years before her giving birth to a child, and that during this perior of time no other young men had “visited” her, and that at some indefinite time during this period the defendant became engaged to marry the plaintiff. This evidence, without more, was insufficient to authorize the inference that the defendant had had carnal
2. Exceptions to the court’s failure to strike certain allegations from the pleadings can not be presented in a motion for new trial.
3. See the act approved March 15, 1935 (Ga. L. 1935 p. 120), which renders the parties to a suit for breach of promise of a marriage contract competent witnesses.
Judgment reversed.