Powers v. Sumbler

Citations

• 83 Kan. 1
• 110 P. 97
• 1910 Kan. LEXIS 461

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Abatement of Action — Death of a Party. Under section 421 of the old code (Code 1909, § 418), providing that no action pending in any court shall abate by the death of either or both of the parties thereto except certain actions therein named, an action by a wife for the alienation of her husband’s affections does not abate by her death while the action is pending in the supreme court.</p> <p>2. Evidence — ^Inspection or Copy of Documents — Demand—Order — Admissibility of Original. Where the defendant, proceeding under section 369 of the old code (Code 1909, § 366), demands of the plaintiff an inspection and permission to make copies of certain letters which the plaintiff intends to offer in evidence at the trial, no order of the court is necessary requiring the plaintiff to comply with such demand; and where the demand is not complied with no error is committed in sustaining an objection to the admission in evidence of the original of which a copy has been refused.</p> <p>3. Alienation of Affections — Grounds for Action. In an action by the wife against a stranger to recover damages for the alienation of the affections of her husband the court correctly charged that in order for the plaintiff to recover it was necessary to show that it was the efforts of the defendant which were the controlling cause that destroyed the affection which the plaintiff’s husband had for her and caused their separation, and that the acts of the defendant were done knowingly and intentionally, for the purpose of alienating the husband’s affections.</p> <p>4. - Defendant Must Have Acted Knowingly and Intentionally. In an action by the wife against a stranger to recover for alienation of the affections of her husband an instruction which omits the qualification that the defendant must have acted knowingly and intentionally was properly refused.</p> <p>5. - Adultery — Pleadings—Instructions. In such an action, where there is no averment in the petition ch