Ferguson v. Smethers

— The appellee brought this action against the appellant, for the alleged criminal conversation of the appellant with the appellee’s wife.

Answer of denial; trial by jury; verdict and judgment, in favor of appellee, for twenty-five hundred dollars.

By a motion for a new trial, several questions are presented by the record, but none are discussed except certain alleged errors in giving instructions to the jury.

The court instructed the jury as follows :

“ The defendant can not insist, in mitigation of damages, that the wife consented to the adultery. She had no right or legal capacity to yield…