The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-06-07
STATE OF OALlrorNiA, SC
CITY AND COUNTY OF SAN FRANCISCO -

following IS the petition hleo by hehley
| q Costello, attorneys for the defendants:
STATE OF CALIFORNIA, ! &c
CITY AND COUNTY OF SAN FRANCIsCo.b
A. Z. Cunningham being first duly sworn DE,
| poses and says That he is now ana was at all
the times hereinafter mentioned the husband
OF the SAID plaintiff, Laura cunningham tnls
atfiant having intermarried with the SAID
Laura cunningham on the 3Oth DAY OF NoVem-
ber 1890; tnat on the 9th day OF vember,
1898, the said plaintiff, Laura cunningham
while passenger on the cars OF the Market
street Cable Railway Company, CLAIMED 10
have received certain injuries by reason OF a
collision OF the cars of the said company WIN
the cars OF the California-street Railroad CoIn-
pany at the intersection of Post and Jones
streets in the City and County OF San Fran.
cisco, caused by the negligence or the sald
companies; that at the time OF the receipt or
SAID alleged injuries by the said Laura cum
nlngham aforesaid, this athant and the salo
plaintiff Laura Cunningham were living sep
arate and apart from each other and had been
SO living separate and apart for the space or
three or four months before the said 27th day
OF November, 1893, but this affiant AYERS that
the said Laura Cunningham and this af1iant
were not living separate and apart by reason
of any desertlOn on his part nor under and
pursuant to any agreement in writing between
this afhant and the said Laura cunningham,
but that the said Laura Cunningham left the
home of this afiant of her own free will and
without any fault on the part OF atti-
ant, and on the 18th day of october, 1893,
instituted suit of divorce against this affiant,
which said action is known on the records
OF said court as case No. 1901, and wherein
this afflant is charged by the said plaintiff,
Laura Cunningham, with willful negligence
and extreme cruelty, but no charge of deser-
ton is contained therein, nor has this affiant
at any time been guilty OF deSertlon OF the
plaintiff, Laura Cunningham, or guilty of the
said charges of willful negligence and extreme
cruelty. This affiant further AYERS that subse-
quent to the filing of the said complaint as
aforesaid and subsequent to the receipt of the
said alleged injuries, and on the 9th day of
January, A. ID: 1894, the said Laura Cunning
nam voluntarily returned TO this afhant and
they resumed marital relations; and this ef-
fant further AYERS that they were living to-
gether as man and wife on the 18th day of
January, A. ID. 1894, when the said action of
A. c. Cunningham and Laura Cunningham,
plaintiffs, vs. California-street Cable Railroad
Company and The Market-street Railway Com
pany, corporations, defendants, was instituted
in the Superior Court OF the City and County of
San Francisco, and which said action is iden-
teal with and is, in fact, the same action as
the action herein. This aflIant further AYERS
that, having every confidence in his wife, he
believed the representations that she had met
with severe injuries by reason of the negli-
gence OF the said corporations defendant, and
in that way consented to become party plain
tiff in the action aforesaid that this affiant
and the said plaintiff, Laura Cunningham, con-
tinued to live together as man and wife from
and including the Goth day OF January, A D.
1894. TO and including the 18th day of Sep
TENDER, 1894, when the trial of the said
action took place; that at the trial of said
action for the first time this affiant became
convinced that the said Laura Cunningham
If she was injured at all as represented by her
by reason of the accident occurring on the
9th day of November, 1893, that said injuries
were slight and superficial, and this affiant be-
came further convinced by reason OF the con-
duct Of the said plaintiff, Laura Cunningham,
and by reason of certain statements and con-
LESSONS made by her, that she was shamming
and malingering as TO the nature and extent of
said injuries, and feigning symptoms which
she did not possess, and all for the purpose of
defraudlng and blaekmailing said defendants,
the California-street Cable Railroad Company
ana the Market-street Railway Company, and
acting upon these convictions this affiant, be-
ing unwilling to be party to defraud or black
mail, Immediately gave instructions that he
desired his name withdrawn from the said
action and the suit dismissed, and this affiant
was under the impression until the month of
March of this year that the said suit had been
dismissed until he was subpenaed as wit
ness in the said cause. This affiant then went
TO the office OF the attorneys for the California;
street Cable Railroad Company and authorized
them to dismiss and gave them dismissal of
the action, which is now on file on the records
OF this court, to which reference is hereby
made, and copy of which is hereunto an
nexed, marked Exhibit A" and made part
hereof
This affiant simultaneously with the making
OF the dismissal of said action executed to the
said defendant, the California-street Cable Rail-
road Company, for valuable consideration,
a release of all demands, which said release is
now on file in the records of this court, copy
! OF which is hereunto annexed marked "Ex-
h1blt b. incorporated within and made part
of this affidavit
| This affidavit further deposes and says that
since the month of September, 1894, this
affiant and the said plaintiff, Laura Cunning
ham, have not lived together as man and wife,
and affant further AYERS that this was not due
| 10 any fault on the part OF aftiant or any de-
sertion OF the plaintiff, Laura Cunningham on
his part, hut this afiant AYERS that the said
Laura Cunningham in the month of Septem-
Der, 1894, left the home of this affiant and,
although often requested to return, refused at
| all times and now refuses to live or cohabit
with this affiant, without any fault on his
| part. This affiant further AYERS that the said
Laura Cunningham is not now and never has
| been living separate and apart from him under
| or pursuant to any agreement in writing be-
tween this atfiant and the said plaintiff, Laura
Cunningham. Further this affant sayetn not
A. G.. CUNNINGHAM.
subscribed and swo1n to before me this 5th
day of June, 1865, G. K. DAGGETT
Notary public in and for the City and
County OF San Francisco, State of California.