1. Courts (§ 372*) — Federal Courts — Following State Decisions.

The question of the measure of damages recoverable in an action of tort, where not governed by the state Constitution or statutes, is one of general jurisprudence, upon which state decisions are not controlling on the federal courts. •

[Ed. Note. — For other cases, see Courts, Cent. Dig. § 979; Dec. Dig. § 372.*

State laws as rules of decision in federal courts, see notes to Wilson v. Perrin, 11 C. C. A. 71; Hill v. Hite, 29 O. C. A. 553.]

2. Husband and Wife (§ 334*) — Actions oe Tort — Exemplary Damages.

It is a settled rule of the common law as administered by the federal courts that in an action for a tort, such as the alienation of the affections of the plaintiff’s wife, exemplary damages are recoverable.

[Ed. Note. — For other cases, see Husband and Wife, Cent. Dig. § 1125; Dec. Dig. § 334.*]

3. Husband and Wife (§ 333*) — Alienating Affections — Action—Evidence.

In an action for alienating the affections of plaintiff’s wife and debauching her, a decree of divorce, obtained by plaintiff since the acts complained of, is admissible in evidence for the purpose of showing a severance of the relations between him and his wife.

[Ed. Note. — For other eases, see Husband and Wife, Dec. Dig. § 333.*]

4. Husband and Wife (§ 326*) — Right of Action.

A husband is not precluded from recovering damages for the debauching of his wife by the fact that he saw her meet defendant at night, and might have prevented the injury complained of, unless he connived at it.

[Ed. Note. — For other cases, see Husband and Wife, Dec. Dig. § 326.*]

5. Husband and Wife (§ 335*) — Instructions—“Connivance.”

An instruction in an action for debauching plaintiff’s wife held to correctly and sufficiently define the word “connivance,” as applied to the facts in evidence.

[Ed. Note. — For other cases, see Husband and Wife, Dec. Dig. § 335.*

For other definitions, see Words and Phrases, vol. 2, p. 1435.]

6. Marriage (§ 50*)- — Proof of Marriage — Sufficiency.

A marriage may be proved by tbe testimony of one of the parties that they were married by a priest and proof that they lived together as husband and wife for a number of years, where a statute of the state provided that the validity of a marriage should not be affected by the want of jurisdiction of the judge, justice, or minister who solemnized the same, • if consummated with the belief of the parties, or either of them, that they were lawfully married.

[Ed. Note. — For other cases, see Marriage, Cent. Dig. §§ 79-89; Dee. Dig. § 50.*]