Unruh v. Nelson

PRESTON, J.

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, Olof Nelson, growing out of the same adulterous relationship above mentioned. In this latter action, however, Albert Unruh cross-complained and alleged alienation of the affections of his wife by Nelson and wife and their attorney.

Issues were joined on the two complaints and cross-complaint. The actions were not consolidated, but were tried together, one jury alone being impaneled. In cause number

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one, at the conclusion of plaintiff’s evidence, a judgment of nonsuit was promptly given upon the ground of insufficiency of the evidence. The jury were held over; plaintiff Elisa Nelson declined to proceed under the allegations of her complaint, which left only the issues tendered by the cross-complaint of Albert Unruh, who attempted to prove a cause of action, but at the conclusion of his evidence, he met the identical fate meted out to him in the first cause of action, to wit: nonsuit upon the ground of insufficiency of the evidence. Motions for new trial in both cases were made and denied. Albert Unruh is the sole appellant in both actions. The briefs are meager and unsatisfactory. Appellant gives but little consideration to any of the questions and many of the more important ones presented by the record are not referred to at all.