Smith v. Whalen

SATZ, Judge.

Plaintiff brought this action for damages because of defendant’s criminal conversation with plaintiff’s wife. A jury awarded plaintiff $25,000 as damages. Defendant appeals. We affirm.

In our review, we take the trial record as it stands and so must defendant’s present counsel on appeal. In his answer and at trial, defendant admitted having sexual intercourse with plaintiff’s wife while she was married to plaintiff. During opening statement, defendant’s counsel referred to plaintiff’s possible damages resulting from defendant’s conduct by stating:

“It will be our position, Ladies…