Barlow v. Barnes

Pleading—Alienation of Wife’s Affections—Criminal Intercourse. A husband’s cause of action for the alienation of the affections of his wife is separate and distinct from a cause of action arising from the defendant’s criminal intercourse with her.

Id.—Letters of Wife to Defendant—Evidence.—Letters of the wife, addressed to the defendant, which were never received nor in any way assented to or acted upon by him, are not' admissible in evidence against him in support of such charges.

Id.—Gambling Habits of Plaintiff—Record not Embodying Entire Evidence.—In an action by the husband joining such causes of action, the admission of evidence touching the plaintiff’s habits of gambling, which had been set up in the answer as a defense and no motion made to strike it out, will not warrant a reversal of a judgment for the defendant, where all the evidence is not brought'up for review. It will, if necessary, be inferred in favor of the regularity of the court’s procedure, that other evidentiary matters made this particular evidence pertinent, competent, and admissible.

Id.—Wealth of Defendant—Immaterial Exclusion of Evidence.— On an appeal by the plaintiff from a judgment for the defendant, error, if any, in rejecting evidence offered by the plaintiff to show defendant’s wealth, is immaterial, unless the appellant is otherwise entitled to a reversal.