![]() Plaintiff commenced this action against the defendant for alienation of his former wife's affections on March 27, 1954, and defendant married plaintiff's former wife soon after the divorce became final.Īppellant contends that plaintiff forfeited his right to a judgment in this case under section 30-3-9, U.C.A. ![]() Sadleir defaulted in the divorce action and on February 26, 1954, his wife was awarded a divorce and the custody of the children. Sadleir left plaintiff's home and discontinued living with him, taking the children with her, and immediately thereafter commenced divorce proceedings. Accordingly, on January 8, 1954, defendant called at their home and met with plaintiff and his wife, but instead of telling her he did not love her and that he was going to discontinue his visits, he told her that he did love her and wanted to marry her and agreed to support her until she could obtain a divorce and pay for the divorce and then marry her when the divorce was final. At that meeting defendant agreed to discontinue his visits with plaintiff's wife and to come to plaintiff's home and in the presence of both of them tell her that he did not love her and that he was going to discontinue his visits. They met about ten o'clock in the morning and had a discussion in plaintiff's car in front of the Kearns Building where defendant was employed. On January 6, 1954, plaintiff arranged a meeting with defendant to discuss his relations with Mrs. In December of 1953, plaintiff's wife revealed to him that she was "moody" for defendant. During this time defendant visited plaintiff's wife while he was absent nearly every evening and would leave shortly before plaintiff's return home. From the beginning of 1952 until plaintiff's wife left him on January 8, 1954, plaintiff's employment kept him from home from the middle of the afternoon until almost 12:00 at night for five days each week. After the marriage, defendant was a frequent visitor in their home. Plaintiff took employment as a mail clerk. Two daughters from that marriage are now living one was five and the other three years old at the time of this trial. Plaintiff married Vera Smith, on June 19, 1947, some time after his discharge from the service. Plaintiff and defendant knew each other in high school, they joined the Navy as Radar Cadets at the same time and spent their time in the service in the same units, had the same leave periods, were discharged and returned home at the same time and place, and were fast friends thereafter. Sadleir for alienation of his wife's affections. Knapton, appeals from a judgment on a jury verdict awarding $8,000 general and $2,000 punitive damages to plaintiff Earl W. ![]() White, Salt Lake City, for respondent.ĭefendant, Melvin G. Gustin, Richards & Mattsson, Salt Lake City, for appellant.
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