Burke v. Johnson

Opinion op the Court by

Stanley, Commissioner—

Reversing.

The question to be decided is whether the trial court committed error in giving a peremptory instruction for the defendant in the suit of the appellant, D. F. Burke, against the appellee, Arthur Johnson, for damages for alienating his wife’s affections. It is the nature of the ground upon which a reversal of the judgment is asked and not the nature of the case that requires a statement of the evidence in detail.

The plaintiff and Fannie Wainscott were married in 1926 and lived together until about July 1, 1936, when they separated…