GALWAY NULLITY SUIT.

Dominion, Volume 5, Issue 1341, 19 January 1912, Page 5

GALWAY NULLITY SUIT.

r PETITION DISMISSED. By Teleeraph-Pnesß Association-Copyright ( London, January 17. In tho King's Bench Division of the High Court of Justice, sitting at Dublin, Mr. Justice Kenny gave his decision in the Galway nullity suit, Ussher v. Usshcr. His Lordship held that though the marriage was invalid in the eyes of tho Roman Catholic Church, yet it was capable of being validated; but that it was already absolutely valid according to the marriage laws of Ireland. The petition was dismissed, with costs. "Tho Times," London, of December 6, gave the following details of the above case:—ln the Probate Court, before Mr. Justice Madden, an application for alimony poi'ding the hearing of the caso of Ussher v. Ussher was heard. The petition is brought by the husband for the nullity of the marriage. The family •residence is at Eastwell, Loughrca, County Galway. Mr. Serjeant Morinrty, who appeared for the respondent. Mrs. Ussher, said that tho petitioner, William Arland Ussher, a gentleman farmer, stated in his petition that on April 24, 1910, at 10 o'clock at night, he was married to Mary Caulfield, "now falsely called Mary Ussher," in a bedroom in his house. They are Roman Catholics, and the ceremony was performed by a Roman Catholic priest, in the presence of one witness. The petitioner now said that tho inarriago was null and void by reason of tho fact that only one witness was present, and that the ceremony was not carried out according to the rites, regulations, and ceremonies of the Roman Catholic Church, or according to law. Tho resDondeut denied that tho marriage was null and void for any of tho reasons stated by the petitioner. In a replying affidavit the petitioner said that the contract of marriage was not accompanied by a valid religious ceremony, as was required by law, that it was subject to and on the express condition that it should be according to the rites of the Roman Catholic Church, and on the express condition that the Roman Catholic Church should permit of tho same being valid. It further appeared that the respondent before her marriage had been a housemaid in the employment of the petitioner's mother. Mr. Justice Madden fixed the alimony at Xb per week, and directed that the "case should bo heard before Christmas.