Yundt v. Hartrunft

Citations

• 41 Ill. 9

Syllabus

<p>1. Evidence—affldmit for change of venue. An affidavit for a change of venue because of the prejudice of the judge or the inhabitants of a county against a defendant, is not evidence to prove any issue in the case in which it is made, and should not be read in evidence to the jury.</p> <p>2. Trespass vi et armis —for criminal comersation. Where a defendant has debauched the wife of-the plaintiff, the right of action of the latter is complete, and a recovery by him is not defeated by her death before action brought. It is unlike a battery, slander, or other injury personal to the wife.</p> <p>3. Same—grounds of recovery. While the loss of service of the wife or daughter is the alleged ground of recovery, the injury to the family in its reputation, the mental anguish and distress which necessarily attend the transaction are the real causes for the recovery. The law does not limit the recovery to the precise amount of pecuniary loss sustained, but allows a recovery for injury to family reputation. Although absent from home, the husband did not cease to be entitled to his wife’s services in the nurture of his children, as well as to a virtuous example to them by her.</p> <p>4. Instbttctions. Although an instruction may be erroneous, yet, if other instructions given so explain it that it could not mislead the jury, the judgment will not be reversed because it was given.</p> <p>5. Instructions which assume disputed facts to be true, and then inform the jury what they prove, invade the province of the jury, who have the sole right of determining these questions. The court must determine what evidence shall be admitted as tending to prove the issue, and leave the jury to determine its weight from all of the circumstances in evidence before them.</p> <p>6. Evidence—admissions and explanations. An instruction which informs the jury that they are not bound to believe an explanation made by a party at the time, and in connection with an admission, if from all the circumstanc