White v. White

Citations

• 76 Kan. 82
• 90 P. 1087
• 1907 Kan. LEXIS 356

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Petition — Non-resident Plaintiff — Residence and Post-office Address — Knowledge of Defendant. A failure to enforce chapter 327 of the Laws of 1905 by requiring a plaintiff who does not reside in the county where suit is commenced to state in the petition his or her place of residence and post-office address is error, but where it appears that the defendant is familiar with the facts not stated the error is harmless and immaterial.</p> <p>2. Husband and Wife — Alienation of Affections — Damages— Pleading. In an action by a wife for the alienation of the affections of her husband a statement in the petition of the ultimate facts of the alienation and separation is enough, without pleading the acts done and artifices used to accomplish the result.</p> <p>3. Evidence — Admissions. In such an action statements of the defendant, made after the parties have separated, are competent evidence when they amount to an admission of responsibility for the acts alleged in the petition.</p> <p>4. -Secondary — Contents of a Letter. The contents of a letter may be shown by secondary evidence when it appears that the original is not in the possession or under the control of the offering party, and is so situated that such party could not by the use of the legal means applicable to such cases have produced it, the same as when the original is shown to be destroyed.</p> <p>5. - Opinion. Where a witness is describing the manner and attitude of persons engaged in a conversation which he does not hear, it is not improper to permit the witness to characterize the action of one of the speakers as gesticulating “as though he was very angry” or standing with his head down “as though he was crying.”</p> <p>6. Husband and Wife — Alienation of Husband’s Affections— Evidence of Motive. In an action of the kind mentioned it is proper for the plaintiff to show as a motive on the part of the defendant to do the acts complained of that he entertained a feeling of