Fischer v. Mahlke

The trial court, the plaintiff, and the defendant approached the solution of the issue in this case from divergent points of view. The trial court’s written opinion indicated the alleged alienation was not finally accomplished more than a year prior to the commencement of the action because the plaintiff did not lose all hope of re-establishing the society and companionship of his former wife prior to the judgment of divorce. The plaintiff contends the only proper time to commence an action for alienation of affections is after a decree of divorce had been entered, arguing public policy…