Harrison v. Price

Isaac C. Price sued Thomas J. Harrison to recover dámages for criminal conversation had between said Harrison and the wife of said Price; and he recovered 900 dollars. A demurrer was sustained to a paragraph of the defendant’s answer, setting up want of virtue in Price and wife. That paragraph purported to go in bar of the action. It contained no matter in bar; at most, but matter in mitigation of damages. Such matter is not pleadable at all, so' far as we are .aware, in an action for criminal conversation, and is not necessarily pleaded in any action, in order to its being given in evidence.…