Marckwardt

Marckwardt v. Hayworth

Good Law
127 Cal. App. 738·1932 Cal. App. LEXIS 322·16 P.2d 328
Court of Appeal of CaliforniaNovember 29, 1932Docket No. 947.California2,779 words

Opinion

Lead Opinion

Jennings, J.

This action was brought by plaintiff, Anna C. Marckwardt, to recover damages from defendant, Ida Hayworth, also known as Mrs. Henry C. J. Marckwardt, for the alienation of the affections of plaintiff’s husband, Henry C. J. Marckwardt. Upon the conclusion of the trial of the issues of fact, the matter was submitted to the jury, which returned a verdict in favor of plaintiff in the amount of $15,000 compensatory damages. The jury made no allowance for punitive damages. The defendant thereupon moved the court to render judgment in her favor, not withstanding the verdict, which motion was by the court denied and judgment in conformity with the verdict was entered. A motion for a new'* trial was then made by defendant and the court made its order granting said motion unless plaintiff should, within ten days, file a remission of one-half of the amount specified in the verdict. Within the time provided in the court’s order, plaintiff filed a remission of the sum of $7,500. Defendant appeals from the judgment in plaintiff’s favor reduced as aforesaid.

The judgment is attacked on two grounds, first, that the evidence presented during the trial is insufficient to support the verdict and…

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