Codoni

Codoni v. Donati

Good Law
6 Cal. App. 83·91 P. 423
Court of Appeal of CaliforniaJuly 8, 1907Civ. No. 352.California758 words

Opinion

lead Opinion

An action for damages claimed by reason of defendant having alienated from plaintiff the affections of her husband.

The principal matter relied upon by appellant relates to the sufficiency of the evidence to support the findings. An examination of the record indicates that there is no testimony in support of the implied finding that the affections of plaintiff’s husband were actually alienated. There is in the record that which may be said to be sufficient to establish an attempt upon the part of defendant to create dissatisfaction upon the part of the husband, and had such effort been followed with desertion, or with proof of facts tending to show that the affections of the husband had been actually alienated, we would not be inclined to disturb the verdict. It appears, however, from the record that the relations between plaintiff and her husband were pleasant up to and until his departure from this country on a visit to his native land; that while the husband was on such visit, defendant wrote a letter to him which might well have had the effect to induce a separation; but, notwithstanding this letter, the husband returned to his wife, brought back with him presents, resumed…

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