Mayer

The plaintiff obtained a judgment against the defendant awarding her damages for the alienation of the affections of her husband. The defendant has appealed, bringing up the judgment-roll and a bill of exceptions. In framing her complaint the plaintiff in certain instances pleaded her evidence. The findings as signed followed the allegations of the plaintiff’s complaint and are quite long.

In presenting her case on appeal the defendant makes nine different attacks, claiming that certain findings are not supported by the evidence. We have read the bill of exceptions from cover to cover. The material findings are supported by substantial evidence. True it is that there are some conflicts, but the fact that there are conflicts in the evidence does not justify this court in disturbing the judgment of a trial court.

When the plaintiff was testifying in her own behalf her attorney had developed the fact that on certain occasions the plaintiff’s husband did not come home at night. Thereupon her attorney asked her what was the cause of his inability to come home. The defendant objected on the ground that the question called for hearsay. The objection was overruled. No error appears from…