Swartz v. Steele

On September 2, 1970 the plaintiff filed a complaint in the Court of Common Pleas of Cuyahoga County against the defendant with two counts: one for alienation of affections and one for criminal conversation. Plaintiff dismissed the count for alienation of affections.

The ease went to trial before a jury on May 3, 1973 only on the issue of criminal conversation. The defendant made a written request for instructions to the jury that in the course of the charge, the terms “adultery” and “sexual intercourse” would be used and that as a matter of law, the term “adultery” is defined as the voluntary…