Eubank v. Hayden

James T. Eubank (plaintiff) brought this action against James William Hayden (defendant) for alienation of the affections of and criminal conversation with the plaintiff’s wife. He recovered a verdict against the defendant for $3,500 but the court set it aside and ordered a new trial. On the second trial the court refused to admit evidence of the withdrawal of $3,000 by the wife from a joint bank account, which was admitted in the first trial, and also struck out the plaintiff’s evidence as to criminal conversation and submitted to the jury only the charge of alienation of affections. The…