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CRIMINAL CONVERSATION

Obs. This phrase was usually employed to denote the crime of adultery.

The remedy for criminal conversation is by an action on the case for damages. That the plaintiff connived, or assented to, his wife's infidelity, or that he prostituted her for gain is a complete answer to the action. But the facts that the wife's character for chastity was bad before the plaintiff married her; that he lived with her after he knew of the criminal intimacy with the defendant; that he had connived at her intimacy with other men;, or that the plaintiff had been false to his wife, only go in mitigation of damages. The wife cannot maintain an action for criminal conversation with her hushand; and for this, among other reasons, because her husband, who is particeps criminis, must be joined with her as plaintiff.

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