Berger v. Levy

The plaintiff, Fannie Berger, brought this action for damages against the defendant, Jeanne Levy, for the alleged alienation of the affections of plaintiff’s husband, Emil Berger; and a jury returned a verdict in plaintiff’s favor for $15,000.

Defendant was not present at the trial. She was in Arizona at the time, but was represented by counsel. Soon after the verdict was rendered she returned to California, secured the services of other counsel and presented two motions, one for a new trial and the other to set aside the judgment upon the grounds of fraud, mistake, surprise, inadvertence and…