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5 Cal. App. 2d 608

Smith v. Kiger

California Court of Appeal

Decided March 28, 1935

California Court of Appeal · decided 1935-03-28

Cited by 2 later decisions — most recently May 1964

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1935-03-28

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CRAIL, J., Dissenting.

¶1I feel that the majority opinion states the evidence in the light most favorable to the appellant, whereas it is our duty on appeal to view the evidence in the light most favorable to the respondent. The evidence reviewed in the light most favorable to the plaintiff is fully *618set out in the respondent’s brief with citations as to where it may be found. I feel that there is some substantial evidence to support the implied finding of malice and that reasonable inferences fairly deducible from the facts and circumstances in evidence support the finding of the alienation of the daughter’s affections by the defendant, and for that reason I believe that the judgment should be affirmed.

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