Smith v. Meyers

Irvine, C.

This was an action for criminal conversation, resulting in the district court in a judgment for the plaintiff, which was by this court affirmed. (Smith v. Meyers, 52 Neb. 70.) A rehearing was granted, and the questions involved have been re-examined.

Perhaps the most vigorous attack is made upon the judgment on the ground that the court erred in overruling defendant’s motion to strike out certain portions of the reply. This assignment of error was disposed of in the former opinion very briefly, on the principle that the defendant, by allegations in his answer, had invited the…