KLINGINSMITH v. ALLEN

No. 33155.

53 N.W.2d 77 (1952)

155 Neb. 674

KLINGINSMITH v. ALLEN.

Supreme Court of Nebraska.

April 25, 1952.


Attorney(s) appearing for the Case

Davis & Vogeltanz, Ord, for appellant.

Harold A. Prince, Grand Island, George A. Munn, Ord, for appellee.

Heard before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, CHAPPELL, WENKE, and BOSLAUGH, JJ.


CHAPPELL, Justice.

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...

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