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However actions such as for a breach of a promise of marriage cannot be maintained by an executor unless, perhaps, where the plaintiff's testator sustained special damages.
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An action for a breach of a promise of marriage cannot be maintained by an executor, 2 M. & S. 408; nor against 13 S. & R. 183; 1 Picker. 71; unless, perhaps, where the plaintiff's testator sustained special damages. 13 S. & R. 185.
Either party has a right to a jury in actions of slander, libel, false imprisonment, malicious prosecution, seduction or breach of promise of marriage, upon notice without order;
or in any other action, by order.
 See also: Marriage, Statute, Person, Action, Plaintiff
  
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