108 Iowa 61 | Iowa | 1899
This action was commenced on the 16th day of February, 1897, and the petition alleges a promise to marry, some time during the year, but before the winter of 1894, a breach thereof, and a refusal of the defendant to comply with his promise. Defendant demurred to the petition on the ground that the action was barred by the statute of limitations. This demurrer was overruled and exceptions duly taken. Thereupon defendant filed an answer denying the allegations of the petition, pleading the statute of limitations, and further alleging that for a long time plaintiff has been hysterical, and subject to nervous and convulsive fits, which fact was unknown to defendant until the last time he was in her company; and that, by reason of her condition, she would not make a suitable or desirable wife. During the course of the trial plaintiff filed an amendment to her petition, in which she alleged that in November, 1894, at defendant’s request, the marriage was postponed until the spring of 1895, and that when springtime came defendant said he would come and see her in June; that defendant did not come to see her in June, or make any further arrangements until November of the year 1896, at which time he informed plaintiff that he would not marry her. To this amendment defendant interposed a general denial.
Some other errors are assigned, which are not of sufficient importance to be noticed in an opinion. They are all disposed of in what has already been said, and require no further mention. There is no prejudicial error in the record, and the judgment is abbteMed.