THE COURTS.

Press, Volume LIV, Issue 16154, 7 March 1918, Page 4

THE COURTS.

SUPREME COURT

IN DIVORCE. A sitting of the Supreme Court in divorce was held before his Honour Mr .Justice Herdman yesterday. STRINGER v. STRINGER. . Amy Bishop Stringer (Mr Alpers) applied for a dissolution of her marriage with Edric Harold Grierson Stringer, commission agent, of Opawa, on the grounds of misconduct. A decree nisi, to be made absolute in three months, was granted, with costs on the lower scale, petitioner receiving custody of the one child by the marriage. DAVIDSON v. DAVIDSON. Pt).,>l May Davidson (Mr AlpertO sough? h of hor marriage with Kme-t. Walter Ralph Davidson, loreman. oi C hiistchiirch, on the ground of misconduct. A dorrce nisi. to be made absolute in three months., was. grained, the cu.-tody of the one child being granted the petitioner. Costs on' the lower otalo were allowed. DYHIUSERG v. DYHRBERG. .Mabel Mary Dyhrberg (Mr Cuninghrun) asked lor a divorce from Charles Christian Dyhrberg. labourer, of Chri.-tchurch, on the grounds of his misconduct. A decree nisi, to be made absolute in three months, was granted, petitioner lo have the custody of the child. RIX v. RIX. Martha Mela Catherine Rix (Mr Cassid.v) .-ought a dissolution of her in ait i ago with I'rank .Horace Rix, nies-sengd-Tof Christ-church, on the ground of misconduct. A decree nisi was •granted, to he made absolute in three months, with eo*t« on the lower scale. OSWALD v. OSWALD. John J a uies Oswald, accountant, of Christ-church (Mr Dotigall) sought a divorce from Louisa Lavinia Oswald on the ground of desertion. A decree nisi, to be made absolute ill three months, was granted. No application for costs was made. SHARMAN v. S MAR MAN. Enid Eva Grace Sharman (Mr Cassidy) asked for the dissolution her marriage with William Henry iSharman, pork butcher, late of Wellington, on the ground of failure to maintain. A decree nisi, to be made absolute in three months, was granted.

IX BANCO. A DISPUTED MORTGAGE. Sitting in the afternoon in banco, hi* Honour heard the originating summons case ol the Official Assignee in the bankrupt estate of William Frederick Burns (Mr Ravmond) v. JClisabeth Ann Curlett' (Mr IVyneham) and Huston Curlett (Mr Rowe).

The Official Assignee, said Mr Raymond. claimed the right ttf redeem certain mortgages of the bankrupt held by Mrs Curlett. Huston Curlett claimed that the moneys were his, and as a result a deadlock had occurred. Huston Curlett had lodged a caveat, said Mr Raymond, and the matter was wholly one. between husband and wife. Mr Raymond asked that : (1) The usual order for redemption should be made, (2) Mrs Curlett should be asked to discharge the mortgages, (3) Huston Curlett should be ordered to remove thecaveat, and (-1) the amount of the mortgage moneys be paid into court and paid out to Mrs Curlett unless her husband took action within a limited time to •assert his right. Mr Twynoiiani said that Curlett claimed the moneys on the ground that they were trust moneys held for him by Mrs Curlett.

Mr.Raymond remarked that the husband and wife had long been engaged in litigation.

Mr Rove said that their affairs were now the s-übjert of arbitration, arid that matters should Ims finally settled within about Iwo months.

Mr Raymond added that all others interested in t.hf> estate had consented to tho money being paid into court. Mrs Curlett incidentally should have applied, as was her right, in have the caveat removed.

'Mr Twyneliani said that the proposal of Mr Raymond that Mrs Curlett should redeem the mortgage and that the moneys should be paid into court and paid out to Airs Curlett subject to Mr Curlett being forced to substantiate his claim within a reasonable time was a new one to him, and one which' he thought would bo acccptable to Mrs Curlett.

Mr R/owe agreed -with all the proposals inade by Mr Raymond, with tho exception of tho one that the money should be paid out to Mrs Curlett, unless Curlett brought his action within a limited time. Ho considered that tho money should be paid into court to abide the issue of the arbitration by tho Registrar in the affairs of the two parties. Mr Twyneham further suggested that the costs should abo abide tlie issue of the arbitration.

His Honour made an order in terms of the summons, that the mortgage should be redeemed and that, the caveat should be removed, and. further, that the moneys should be paid into court to abide the result of the arbitration in the case of Curlett v. Ourlctt, tho costs also to abide by that decision.

THE LIEN" ACT

An appeal against the decision of Mr T. A. If. Bailey, S.M., was made in the fitM! of Josiah Carpenter (Mr Murphy)

against the Public 'I'rustee (Wellington), T. Hunt, A. K. England, and (.'. S. McCully (Mr Ward). When the. case camo l>efore the lower Court, the claim was for £20 9s for work done on certain properties in Randolph street, Woolston, managed by. the Public Trustee. The Public Trustee was practically tho nominal defendant. Bunt, it was explained, received tho original contract from the Trustee, and sub-let it to CarI>enter. Later Bunt assigned his estate, tho other two defendants being the assignees. The evidence showed that after the work done by Carpenter— drainage work—had been completed about the middle of August last, complaints wore received from the Wookton Borough Council that water was running out over the footpath. Investigations jrevealed a leakage in a -well on the premises, ;md this Carpenter put right, completing the work about the middle of October. Mr Murphy contended that the contract was thus finished in Octobcr. Mr Ward adopted the view that it was completed in August. About the end of Octobcr, Carpenter took out a lien over the property for his money, and Mr Ward contended that he was out of time, under the I Statute, in doing so, this being the only point in dispute. The Workers' Compensation and Lien Act required that a lien must be put in within thirty .days of the completion of a contract. His Worship reserved his decision, and later decided for plaintiff against defendants. William Thomas Bunt. Alfred K. England, and Charles S. McCnlly, and for the Public Trustee against the plaintiff. The Public Trustee was granted costs. Leave to appeal was granted.

Before his Hononr, Mr Murphy urged at length regarding the interpretation put on the Act by the Magistrate, and eventually his Hononr reserved his decision.

MAGISTERIAL. (Before Messrs C. D. Morris and W. Barrett, J.P.'s ) DRUXKEXXBSS. Two first offenders were each fined si. DISMISSED. Harry Bowser appeared on a charge of bein<i n rogue and a vagabond, in that- he had been fennel l»y night unlawfully on premises. The information was dismissed. .