148 Iowa 651 | Iowa | 1910
The plaintiff’s testimony tended to show: That in the latter part of the year 1901 she and the defendant became engaged to be married. That under cover of such engagement and by protestations of love the defendant first accomplished the plaintiff’s seduction in 1901, and that such relation continued and such acts were repeated many times up to October or November, 1906. That on or about such latter date the plaintiff determined to change her course and to reform, and that she did so reform and was guilty of no improper. conduct until June 23, 1907, upon which date the same illicit relations were resumed during a visit to her by the defendant, and the birth of a child resulted therefrom on March 22, 1908. Her pleading was predicated upon the act of June 23, 1907.
VI. Appellant’s abstract does not show that any exceptions were taken to any of the instructions. This omission seems to have been overlooked, and appears to’ have been discovered only at the time of the oral argument. The appellant thereupon immediately after the submission of the case filed an amended abstract stating that exceptions were duly taken. This amendment is assailed by motion of appellee to strike the same. The motion to strike and appellant’s resistance thereto have been submitted with the case. In the view we take of the case, we need not pass upon such motion. For the purpose of our consideration of the case, we have given appellant the benefit of his alleged exceptions to the instructions. There is also a controversy between parties as to whether a certain amendment to petition which was filed by plaintiff appellee in the court below immediately after judg
Other questions argued are so related to these which we have discussed that what we have already said is decisive of them all.
The judgment below must be affirmed.