Persch v. Weideman

Citations

• 106 A.D. 553
• 94 N.Y.S. 800
• 1905 N.Y. App. Div. LEXIS 2626

Syllabus

<p>Scandalous matter alleged in a defense, when it mag be stricken out — alienation of . a wife’s affections at which the husband has connived.</p> <p>Facts alleged in an action which constitute a complete defense may not be stricken out as scandalous, but facts alleged as a complete defense which con-' stitute only a partial defense or are available only in mitigation of damages may be stricken out as scandalous upon the theory that the party aggrieved thereby should not be required to admit the truth of the allegations by demurring thereto. , ■</p> <p>An action for the alienation of á wife’s affections will not He by a husband who has connived at the relation existing between his wife and the defendant.</p>