Klinginsmith v. Allen

Plaintiff brought this action at law to recover damages for criminal conversation without pleading any issue of alienation of his wife’s affections as an element of damages. Concededly they were not alienated. The defense was a general denial.

The issues were submitted to a jury, whereupon it returned a verdict for defendant and judgment was rendered thereon' in his favor. Plaintiff’s motion for new trial was overruled and he appealed, assigning substantially that: (1) The verdict and judgment were not sustained by sufficient evidence but were contrary thereto and contrary to law; (2) the…