Pratt v. Harrold
Pratt v. Harrold
Opinion of the Court
This is an appeal by the defendant from a judgment for fifteen hundred dollars for the alienation of the affections of plaintiff’s wife.
The only points raised on the appeal are upon the rulings of the court in the admission of evidence.
We think the letters were relevant and competent evidence. They, it is true, not having reached the wife, could not have been influential in diverting her affections from her husband, although they were fervently directed to that end. However, the defendant, for defense to the action, had pleaded and attempted to prove that he was the victim of a conspiracy and that the woman had tempted him. These letters were calculated to show, by their ardent declarations and admissions, that he was, and for some time past had been, by no means a passive agent in the love-making, and tended to corroborate the wife’s testimony that defendant had made love to her, gained her affections and encouraged her in a plan to obtain a divorce from her husband and marry him.
The wife’s testimony was .rather perfunctory, and not very conclusive; but appellant concedes that it was, with *168 other evidence in the case, sufficient, -if admissible, to sustain the findings and judgment, and in this we agree with him. Judgment affirmed.
Einlayson, P. J., and Thomas, J., concurred.
Reference
- Full Case Name
- ARTHUR H. PRATT, Respondent, v. ALVIN H. HARROLD, Appellant
- Cited By
- 1 case
- Status
- Published