Smith v. Mitchell

Plaintiff sued to recover damages for the alienation of his wife’s affections by defendant. The jury returned a verdict in favor of defendant and judgment was entered accordingly. Plaintiff moved for a new trial upon the following grounds, among others: “ 1. Irregularity of the proceedings of the court, jury and adverse party, to wit, the defendant, by which the plaintiff was prevented from having a fair trial. ... 7. Error in law occurring at the trial and excepted to by the party making the application.” The court granted the motion “upon the ground of errors in the instructions given to…