Lowe v. Massey

Citations

• 62 Ill. 47

Syllabus

<p>1. Trespass for criminal conversation—what participation ly the husband in the guilt of the wife will bar the action. In an action of trespass for criminal conversation by the defendant with the wife of the plaintiff, an instruction which directed the jury that, even if they believed, from the evidence, that the wife of the plaintiff was ever so profligate, that would be no bar to his recovery, unless they further believed, from the evidence, that she was permitted to live as a prostitute, with the knowledge and consent of her husband, was regarded as erroneous, in that it required the participation of the husband in the misconduct of the wife to too great an extent in order to make it constitute a defense to the action, the connivance of the husband being enough to bar the action.</p> <p>2. Instructions—should be framed in view of the evidence. And in view of the evidence tending to show the connivance of the plaintiff, it was held that to an instruction directing the jury that, in case they found the defendant guilty of the charges laid in the declaration, they were authorized to find for the plaintiff, should have been added the qualification, if there was not connivance on the part of the plaintiff.</p> <p>3. Intendment—against a party failing to testify for himself. No intendment should be made against a party because he does not testify for himself.</p>