Moses v. Kittle

The trial of an action brought by B. F. Moses for alleged criminal conversation with his wife, against F. M. Kittle, resulted in a verdict for the latter, and the plaintiff excepts to the overruling of his motion for a new trial. No demurrer, plea or answer was filed by the defendant at the ap*807pearance term. At the trial term, the plaintiff made the point that the only issue to be submitted to the jury was what amount of damages he was entitled to recover, taking the position that the case should be given this direction because no plea in writing had been filed by the defendant. The latter did…