Unruh

Two actions for damages. Cause number one is for criminal conversation. Cause number two, by reason of the complaint and cross-complaint, contains two reciprocal causes of action for alienation of affections. Action number one was preceded by the same kind of a suit between the same parties upon the same cause of action, dismissed prior to trial and judgment; these two actions followed. In the original action, which was dismissed, the deposition of defendant Olof Nelson was taken under section 2021, subdivision 1, and section 2055 of the Code of Civil Procedure, and said defendant was therein examined and cross-examined at great length. This deposition should be specially noted as it forms the basis of the discussion to follow of the legal questions here involved.

These suits grow out of the alleged adulterous relations between Olof Nelson and Emily Unruh, wife of plaintiff Albert Unruh. Cause number one is by Albert Unruh against Olof Nelson upon this claim, being a cause of action for criminal conversation. Cause number two was begun as an action by Elisa Nelson against Albert and Emily Unruh, husband and wife, charging them with alienation of the affections of her husband,…