Morning v. Long
Supreme Court of Iowa
'Appeal from Boone District Court. — HoN. B. P. Biedsall, Judge. AotioN to recover damages for criminal conversation with plaintiff’s wife. The answer was a general denial, coupled with a denial of indebtedness. The bar of the statute of limitations was also set up-. From a verdict and judgment in defendant’s favor, plaintiff appeals.
1Opinion of the Court
WatermiaN^ J.
The petition is in two counts. The first claims for the alienation of - the wife’s affections, loss of society, “etc., and the other for criminal conversation. So far as concerns the questions presented on this appeal, we need 1 consider only matters charged in the second count. In the course of the testimony, facts and circumstances appeared from which the inference could fairly be drawn that plaintiff consented to or connived at the criminal conduct of his wife. Upon this feature of the case the court gave the following instruction to the jury: “Should you not find that the…
2Cases cited7 opinions
- Puth v. ZimblemanSupreme Court of Iowa · 1896
- Scott v. MorseSupreme Court of Iowa · 1880
- Rea v. TuckerIllinois Supreme Court · 1868
- Travis v. BargerNew York Supreme Court · 1857
- Smith v. MastenNew York Supreme Court · 1836
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Overhouser v. American Cereal Co.Supreme Court of Iowa · 1905
- Lee v. HammondWisconsin Supreme Court · 1902
- Saddler v. PickardSupreme Court of Iowa · 1909
- Smith v. HockenberryMichigan Supreme Court · 1906