MacDonough v. A. S. Beck Shoe Corp.

Layton, C. J.,

delivering the opinion of the Court:

The defendant moves to have stricken from the declaration the allegation descriptive of the plaintiff, “and head of a family consisting of himself, his wife and four children”. As will appear the defamation alleged is that the plaintiff had committed adultery, a statutory offense. The offense is accomplished by the sexual intercourse of two persons either of whom is married to a third person. Rev. Code 1935, § 5258. The words, “his wife”, serve as a sufficient statement that the plaintiff is a married man, although, of course, the fact could…