SUPREME COURT.

Dominion, Volume 3, Issue 912, 3 September 1910, Page 15

SUPREME COURT.

UNDEFENDED DIVORCE CASES.

: A LONG LIST. DILEMMA OF A PETITIONER. Before Mr. Justice Chapman yesterday . William Crawford Maokniglit, medical practitioner, sought a dissolution of his marriage with Annie Marina Rowles Macknight on the ground tliat she. had. refused to live with him. . The petitioner stated, in reply to. his counsel y(Mn- A. L. Herdman, M.P.), that lie had married the respondent in the ■■> State ipf Victoria, in February, 1894, and had resided-in New Zealand since J899, practising his profession. in Inyercai'giil and Duuedin . for some time, and afterwards in Naseby. When he' removed to tho latter, place his wife "had refused to accompany him, as she did'iiot care to live" then*, and she had remained separated from him since; ! ...:. , .. ... Some Jetters from the respondent were handed in in ■' support of petitioner's case, and a farmer named Eobert Scott, from the Nasoby district, also' ; gave evidence in support. _His Honour, in granting a decree nisi,-ito be-made absolute at the.expiration of three ninths, , expressed, the opinion .that the petitioner was entitled to a ,divorce as he appeared , to have.■ done .everything in reason u> induce his wife to live -with :him. ANOTHER PESERTED HUSBAND; ■_' Edward Mallowes, , a labourer residing m Wellington (for whom Mr. Dunn appeared) sought a divorce from jane Illlen ;MallQwes,. on the. ground of-,. de/sertion"for a period v,exceeding . ; nv,e y6ars;' r '"■ , '■;■.'■'..' ■' '.•■.■'.,i'\! . ; ■v'. , '.'" J ,: Tlie; petitioners evidence was to the effect" that the"■■-.parties-:'were. , married at. Fitzroy, Melbourne, !on January. 26, •1889, and afterwards came to Wellington where they continued to live together ..until' 1900,' three "children be,ing born,of.the marriage. 1n.1900 the: wife went back. to.'Melbourne , ,. from, which city.she refused to .return..,when thp-petitioner; : went-.to bring hei\home, in .'.October-;of ; the;■'■.■ following .\year. : Three , ' months.-later he"' returned, with) the children to New Zealand, .and-since that 4ime slip had 'deserted h'nii.'.. './.■/ ■ >■-•■ Corroborative, evidence having-been given by the petitioner's sister, a mairied; woman named Florence Harney, residing, at Kilbirnie, his: / Honour granted , ,a ;■ decree nisi, in. the ...usual.' tqimsv. ft'-;- , ' ' .'■ : ''.-',-'" ■ ..?■''.]:':•'' .' 'ALLEGED; :> BIGAMOUS' SPOUSI-. lluth. Muter, or Owen, described -as an artist, applied for a declaration, of nullity, of her . marriage with Bertiu Graham ■-.■' Oweii,' / ageiit, on the ground, that when she went through tKe form:of marriage with him. he;was already legally': married,, to . another woman'.-:,: : '.'. ..... " ■' ,'■•:■. ■Mr., lt.-C. Kirk, for tbe. petitioner,' said that.afterthe"evidence of thepeti-' tioner.'had .been taken-he n'puld havo fco : ask-'.fdr an -adjournment', to enable the testimony of a material .witness-, in Dunedin •'being . taken on .commission. . Before.';.tlie. respondent Vnarriect ■■liia clientele , bad : .already'.'espoused a .womaniiamed;"Mjnnie, Schmidt, ' at'' , Adelaide. Ho was'arrested in July,-190?, for'-hav-ing, made a .false .declaration'that , he was atrbachelor, found guilty,. and. tenced.vto^tljree..months'' imprisojnnent at; Napferf; ■ Since then ' the petitioner, had not'seen him.' Petitioner's difficulty "was. to prove -that tho woman he had. married at when ho contracted tho second marriage. This could bo proved by thu ■witness in Dunedin. > Petitioner was examined, and deposedto having gone ' through'tho form of marriage with Oweri. on September 7 , , 1 1905, and having lived with him. until ■Ms?..'arrestj.,' nearly two.- years,.'vjatery-'■ Tliei'e were no children.-*..; She corroborated, her counsel's statement in other respects. : ■ . ,' ; ■■'.•';.-. ■ ,'.. /■'■■ "' liy reply to a remark by his Honour, Mr;'! Kirk stated that at the time' of the ■'.' respondent's trial -at \ Napier he hadVsaid he didjnot regard himself as, married, to Minnie Schmidt, as-he -hadbeeh previously - married to a-third woman in England.,- Respondent was , born in India, while the petitioner was a, native of Invercargill. The Dunedin witness referred to had accidentally come upon proof of the marriage with : Schmidt, and could prove that she : was alive at ■ the time of petitioner's marriage. .; ; . ■.■'■'• ; His Honour adjourned the case, petitioner to ; move ■ for- leave to take th<? evidence indicated on ; commission. / i J OTAKI "FARMER'S CASE. V i Charles Louis Barrow,... a" farmer residing at Otakij petitioned; for a dissolution of his' marriage , , with Alico Mary Barrow, on the ground of her misconduct with a ■ man named Joseph Mears. Mr. T. M. Wilford. M.P., appeared for the petitioner. His Honour ordered the usual decree. STORY OF DESERTION. Beatrice Emma Scaife (for whom Mr. P.. J. O'Regau appeared) sought a divorce from John Henry Scaife, on the grounds of desertion .and failure to contribute. to her maintenance. .'.'.' ;''■ The petitioner gave evidence that she married respondent at Nelson, and that, there - were two' children of "the union. .Respondent deserted her in 1901, and had not since lived' with her or contributed to her. support. ■-..' . . An affidavit of service by Mr. Maginnity, solicitor, Nelson—who stated that he knew respondent very woll—having been put in, a decree nisi was granted. LOWER HUTT CASE. Robert Hancock, Lower Hutt, sought a dissolution of his marriage with Emily Hancock, now stated to be in the Gisborne district, on account of her misconduct with a man named Palmer residing there. Mr. Wilford appeared for the petitioner, and Mr. Webb represonted the co-respondent to oppose the granting of costs. ■ , . . Evidence was given by Hancock that ho married tho respondent at tho Wellington Registry Office on Juno 6, 1905, and afterwards lived with his wife at Petoim and Lower Uutt, until November, 190S, when she left him. Ho had not seen her since. He had had to lake out a prohibition .order against her on account of hei intemperate habits. _ -.: . Detective Rawle testified to the respondent's bad repute in Gisborne. She had been convicted of drunkenness, and was in tlie habit of working on stations occasionally as cook.' Ho had seen her in Palmor's bedroom at Gisborne, when he went to the corespondent's wharo on other business; : A decree was granted. Costs wero not asked for or granted.

PUBLICAN PETITIONER. . Hannah Maria Woodhouse, who carries on the business of a licensed hotelkeeper in tho Ross district, . on tho AVost Coast, sought a divorce from 'Frederick Woodhouso on • the grounds of habitual drunkenness and failure to maintain her.Mr. Fair appeared for petitioner. The evidence of tho petitioner was to the effect .that she married respondent in February, 1888, but that lie gave way. to drink soon afterwards. During tlio past eighteen years she.had. main--, tained hemilf by her own offorta He-

spondfint "was" *ati 'habitual''drunkard,' and had been living away,from her sinco--1905. Tho children arq.'.'in'.the mother's custody '■ ' ■:■ .''.'. : .':'■'■ ■■ ■.-' ■ j Corroborative, testimony;, was given by petitioner's sister, Martha Gustafsoii. His Honour granted a decree nibi, with tho custody of tho children. .;■■■,; TALE OF CRUELTY. Sarah Calder, Feilding, applied for-ft. divorce, from Alexander Calder, Onehunga, against whom she alleged cruelty and failure to maintain her. 1 Mr. Wilford appeared for petitioner. _Petitioner.stated that sho had.married respondent in May, 1905, and afterwards lived at Ponsonby and' Devon -, port, in tho suburbs, of Auckland.- She, had had to leave her husband, about four years ago on account of his cruelty,, and since-then .ho.had.not supported her.' She had issued a. petition against him for-misconduct. : '■' _| ' Evidence was given by Ernest Edward Newbiggin, a solicitor, residing at'Opotiki. , ' " " v ~ A.decree nisi was granted. . DESERTED HUSBAND. /Walter John Wilrashurst. applied foi-a-'dissolution of his marriage with Elizabeth Wilmsliurst, on tho ground of. desertion. ". ' "■, ■ ' : Mr. S..- A. Atkinson, appeared for tho petitioner. ■.'.''.'-' ■: ': . ! ' Petitioner's evidence went to show ' that his wife had left him at : Dannevirke in -October, 1904, and since then he had neither seen nor. heard of her. ■. :- A ■ decree nisi , was granted.- ■ . ; OLD SUIT ENDED.! .The suit instituted by Edwin, Hubbard , against Eliza Hubbard, of Nottingham, England; and another (also Residing out of the Dominion), on the ground of misconduct, had.--been previously heard by,Mr: Justice. Edwards; ■who'allowed it to stand-over "pending, proof; of service on tho respondent in "England.: .-The/necessary .affidavit.hav-;-ing ■riow"be'en.;:filed,-.; a decree nisi, was granted. ~>\ '.■.'" '.'.-... ".,■ .".,'-*'.....' ~-; :-''W/ALLECEp^BsbpNblNG'Wl'l-E.' ■■ -Charles: .Rothwoll Seaver petitioned, for a divorce from . Elizabeth Lillian jVictoria Seavor, on'the 'ground of de,;Bertion'.:'.:.-;.'.■'■•. . - '■.. ' '" ' :'■ Petitioner's story Was that.tho marriago took' place in October, 1895, and that,in'loo2'the respondent left on a trip to/Auckland and did not. return since. i The ■ usual■decree was • ; - -, IN CAMERA.- i: / ~. The-Court heard in camera tho petition of Alziere Bell-Malcolm, Groy-. mouth,.-; for -a declaration of", nullity; of her marriage . with Thos. Potts, l'qrirua, and granted a decreo ; absolute with costs. ■•"■'... '■■ "■ .' '' . ' ~ , The suit brought by Margaret. Nealo against Ernest Frederick Nealo for dissolution of marraigo was also heard in camera, and a decree nisi granted. Mr. Wilford appeared for tho petitioner. ■ ■''■'_, . .. . ADJOURNED. , ' In the case (if Teresa Margaret An* derson, Wellington, v... Erik ■ ■';■ Albert Anderson; a petition for dissolution of: marriage, Mr. O'llegali, for the petitioner, agreed that' the'-case' should be allowed,-to stand over until .nest ■sitting of the Court. ■' • ■ > •■;•'' ~/J' >'■'■: - '''- l ) ••■• GISBORNE APPEAL CASE. (Before Mr. Justice Edwards and Mr. .. -'■:'■!- Justice Cooper.)•' ■ Mr. Pair applied-' for final leave to appeal to the Privy Council on behalf : of Baker Bros., Gisbornoj o,gain3t a-dtf-. oision of the Court of Appeal, reversing a judgment: of Mr. Justice-.Sim , in an action brought 'by v the Gisbornc Harbour Board against tho appellants for the purpose of determining the basis on which rents of leasehold properties in ;the possession, of. the Harbour, Board should be .assessed. : ... • :;. . - Mr. H. G. Bell (Bell,. Gully, Bell,.and Myers) did not offer any objection on behalf of respondents. ■ -'. ''■.■■■■■;- , 1 The.Court granted tho order sought Joy. ' '■■ ,'-■ . ■■ . .-■• ■:.:'',.';, ■ , COURT OF APPEAL. ' There was a short sitting of the Court of-Appeal, when the bench was occupied by Mr. Justice Edwards and Mr. Justice Cooper. The former announced, that the Court was not. yet ready to deliver judgment in the .cases .of Morland v. Halos and Holt v. Holt, and would not bo in a position , to do so until the next sitting of the Court, which takes place on October 3'piOx.!'