Horowitz

The plaintiff commenced an action against the defendants to recover a judgment for damages, alleging that defendants had alienated the affections of his wife. The defendants appeared and answered and a trial was had in the lower court before the court sitting with a jury. The jury returned a verdict in the sum of fifteen thousand dollars in favor of the plaintiff. A motion for a new trial was made and the trial court made a conditional order that unless the plaintiff waived ten thousand dollars the motion would be granted, otherwise denied. The plaih tiff thereupon filed a stipulation consenting to the reduction and the motion for a new trial was denied. Thereafter the defendants appealed from the judgment under section 953a of the Code of Civil Procedure.

It was the theory of the plaintiff in the presentation of his case that the defendants entered into a conspiracy unlawfully and maliciously to alienate the affections of his wife Bessie Horowitz, and that thereafter and on the twenty-first day of April, 1924, they did unlawfully and maliciously abduct the said Bessie Horowitz, and from that time on did unlawfully and maliciously alienate the affections of the said Bessie…