Kenworthy v. Richmond

Citations

• 86 Wash. 127
• 149 P. 348
• 1915 Wash. LEXIS 881

Syllabus

<p>Husband and Wife — Alienation of Affections — Complaint— Charge of Adultery. In an action for alienation of affections of plaintiff’s wife, the complaint does not charge an act of adultery, where it merely alleges a conspiracy to bring the wife to W. for immoral purposes, and that she occupied a room in a hotel with one of the defendants for about an hour on a certain night.</p> <p>Same — Alienation of Affections — Instructions — Charge of Adultery. In and action for the alienation of the affections of plaintiff’s wife, it is error to give an instruction upon the subject of the commission of adultery when there was no evidence thereof other than proof of opportunity in that the wife had occupied a room with such defendant for about an hour one night, and then retired therefrom; since the rule requires proof of an adulterous disposition on the part of both, as well as proof of opportunity.</p>