109 Iowa 288 | Iowa | 1899
The petition is in two counts. The first claims for the alienation of - the wife’s affections, loss of society, “etc., and the other for criminal conversation. So far as concerns the questions presented on this appeal, we need
It is first urged that the court erred in submitting to the jury the matter of the' husband’s consent or connivance, as a complete bar to his recovery. The thought is that such a defense is affirmative in character, and to' have been available,
II. It is said, because this evidence was received without objection, it was proper to submit the issue to- the jury. But this cannot be so, for the testimony upon which this
III. The court gave the following instruction: “Testimony has been given to show that since the alleged wrongful acts of the defendant the plaintiff has forgiven his wife, and continued to live with her and maintain family relations with her. Now, if you find that the defendant is guilty of the wrongs charged, without consent or collusion of the plaintiff, then the continuance- of the family relation would