Harp

This is an appeal upon the judgment-roll from a judgment of dismissal of an action upon the sustaining of a demurrer to plaintiff’s amended complaint without leave to amend. Said demurrer was sustained upon the ground that the plaintiff’s cause of action is barred by section- 340, subdivision 3 of the Code of Civil Procedure. The “amended complaint” is identical in terms with the original complaint (to which a demurrer had been sustained), and recites a cause of action for alienation of affections of appellant’s husband, containing certain allegations in aggravation thereof, and which, it is alleged, continued from the first day of March, 1924, to the first day of September, 1927. The only allegation of the amount of damages sustained by appellant is the following: “That by reason of said desertion existing between the period aforesaid, the plaintiff was left without means of support or protection and was deprived of the comfort, society, support and protection of her said husband and the happiness and benefits she would otherwise have had in his hands, and did suffer great distress of mind, body and estate, all to her damage in the sum of $25,000.00.”

It is contended by…