IN DIVORCE

Dominion, Volume 5, Issue 1440, 15 May 1912, Page 9

IN DIVORCE

M'VICKER V. M'VICKEB. One of tho casos set down for hearing in the Supremo Court yesterday was that in which John ll'Viekei- prayed for a dissolution of his marriiiKO with Kmily baran M'Vicker, on tho ground of desertion. Tho petition was filed four years ago, when respondent obtained ■ nn order lor security for her own costs, but this was never complied with. Respondent herself was not in a position to take any action, until recently, when slio waived the order and iiled her answer asking tor dissolution on the ground of desertion. When tho matter, was mentioned beloro Mr. Justice Chapman yesterday, Mr. 1 • W. Jackson appeared for John M V lcker, while Mr. G. Samuel appeared for tomiiy Sarah M'Vieker. ' . , Mr. Jackson said that, on account of tho tirao that had elapsed since the petition was filed, ho had got out of touch with his client, but had now succeeded in locating him at Napier. They wero in communication and counsel was awaiting a lotter. It might be that M'Vicker might not desire to go on with the petition in which case ,tho wife's prayer would be henrd as an undefended case. His Honour said that tho matter could be mentioned again at a later date.

CLAIM FOR RENT. One of the cases mentioned before Mr. Justice Cooper in tho Supreme Court yesterday was that of C. H. Izard v. W. J. Jaroieson. This was a claim for possession of premises let by C. H. Izard to defendant, and for arrears of rent. Possession had been given, nnd piaintift simply asked the Court for tho arrears and costs. ' Mr. T. S. We3ton appeared for plaintiff, but the defendant was not present. Judgment was given for plaintiff for £19 19s. with costs £i is. and disbursements.

JUDGMENT SET ASIDE. GREYMOUTH CASE. In the Supreme Court yesterday Mr. Justice Cooper heard an application to set aside a judgment entered at Greymouth. It appeared that sonic time ago Wickes, Ltd., proceeded against Uddstrom and Nyberg in respect of.certain promissory notes given by Uddstrom and Ayberg in the name of the Grey Valley Timber Company. Application was made for leave to defend under the rules without the necessary security, but owing to there being no resident Judge in Greymouth that application was not hoard within the time appointed and Wickes, Ltd., accordingly entered up judgment. The matter before the Court- yesterday was on two motions, one that tho judgment should bo set aside and the other that leave to defend should bo granted. Mr. A. Fair, instructed by Messrs. Guinness and Kitchingham, of Oreymouth, appeared for Wickes, Ltd., and Mr. B. J. Fitzgibbon, instructed by Mr. ■T. W. Hannan, of Greymouth, for lidclstrom and Nyberg. After hearing argument his Honour made an order setting aside tho judgment, the Judge being satisfied that special circumstances existed. His Honour also gave leave to defend without security, the terms being that statement ot defence be filed within ten days and the defence be limited to the question as to whether the defendants are personally liable upon tho promissory notes.