SUPREME COURT

Dominion, Volume 9, Issue 2698, 18 February 1916, Page 9

SUPREME COURT

IN DIVORCE UNDEFENDED CASES Severn! undefended divorce petitions were hoard before His Honour Mr. Justice Chapman in the Supreme Court yesterday. Desertion was the ground on which Betsy Lawrence sought divorce from Morgan 'l'oohill Lawrence, to whom she was married at Akaroa in 1893. There was evidence that the period of desertion and failure t-o maintain extended from April, 1904, and His Honour granted the usual decree. Mr. T. M. Wijford appeared for the petitioner. Arvid Carlson petitioned for dissolution of his marriage with Ellen Carlson, on tiie ground of misconduct, the co-respondent being named as Frederick Martin. Mr. I'. J. O'Kcgan, who appeared for the petitioner, called evidence to show that the parties were married at the Auckland Jiegistry Office on February 2, 1911, and they lived together in Auckland until May, 1913. About that time, Mrs. Carlson left her husband, and went to reside with the correspondent. She had since refused to return to her home. A decree nisi was granted, to be made absolute in three months, costs on the lowest scale being allowed against the co-respond-ent. 1< ailure to keep up maintenance payments, due under a deed of separation drawn up in 1908, was sot up as legal desertion in the case of Lilian "Wall v. Cliarles James William Wall. Mr. H. i'j. Evans, who appeared for the petitioner, called evidence showing that the marriage of the parties had taken place at Ailljirnie in September, 1891, and that there were four children. Corloborative evidence as to the failure to maintain being forthcoming, His Honour granted :i decree nisi, with costs. Margaret. Jane Waller was married to Alexander Lawrence Waller at Blenheim m March, 1892, but lie received :i iVt\r I ' m .P r ' sonlnell t' 'it Waipawa in loJOj and sinco then his wife has never seen him. She made several inellcctual efforts to discover his and yesterday she petitioned for divorce on the ground of desertion. In support of the petition, Mr. H. F. O'Leary called the necessary evidence, anj His Honour granted a decree nisi to bo made absolute in three months. _ Costs on the tawest scale were awarded against the respondent. In tiie case of Bridget Werburn young v. Charles Young there was evidence that the murriago took place at Masterton in January, 1903, that the respondent had deserted his. wifo. in 1907, and that lie had not provided her with any maintenance since that date. A decree nisi was granted, the petitioner being granted interim custody of the one living child of tlio marriage.

Ethel Mary Traill, for whom Mr. A. W. Blair appeared, asked that her marriage with Jaines. Henry Traill should bo dissolved, on tho ground of desertion and failure to maintain. Tho parties were married at Bulls in May,1893, and there were two children. Respondent left his wife at Palmerstou North eleven years ago, and had not since contributed anything towards her maintenance, lior had ho cssisted to support the children. A decree nisi was granted, to be moved absolute in three months

Florence Elizabeth Barnett, who petitioned for divorce from Samuel Barnett, stated ill her evidence that she was married to respondent at Asliburton in Jul}', 1900,' and that there were two children of tlio marriage. On December 29, 1905, the respondent deserted his wife, and since then tho latter had not received any money from him to maintain herself or the children. Mr. T. M. Wilford, who appeared for the petitioner, called corroborative evidence, and His Honour granted a decree nisi, m! k e ".'a. 1 ' 0 absolute in three months. .■The petitioner was granted interim custody of tho children.

Subsequently, on the application of Mr. J1 toixlj His Honour added to the list for hearing, tlio case of M'Clelland v. M'Clollaiul (husband's petition). Tile ground of the petition was desertion for the statutory period, and longer, and, as_ tlio nccessary evidence was forthcoming, a decree nisi was granted.

PRISONER SENTENCED. Corporal Mark Barnett, who 011 Wednesday had pleaded guilty in the Magistrate's Court to the'theft of £206 from his employers (the Cycle and Motor blip,plies, Ltd.), was brought up for sentence in the Supreme' Court yesterday morning. Mr. I'. S. K. Macassey, of the Crown Law Oifico, represented the Crown, while Mr. T. M. Wilford appeared for the prisoner. A telegram was read by Mr. Wilford from the Defence authorities at Trentbam Camp stating that, in the event of Barnett being granted probation, ho would be allowed to rejoin the forces as a private. His Honour expressed regret that 110 could not see his way (o give the prisoner an opportunity to return to camp, iho offences liad extended over a period ol' months, and a sentence of six months' imprisonment with hard labour would have to be imposed. 'A JURY~CASE. •Hearing was concluded yestordav of the civil action in which Donald Eraser, motor mechanic, claimed £520 damages from Mrs. Ellen Nightingale, motor garage proprietress, for injury to eyesight, alleged to have been sustained in the course of plaintiff's employment in. the defendant's garage. Mr! T. Neave appeared for tlio plaintiff, while Mr- T. M. Wilford appeared for the defendant. I he jury, after a lengthy retirement, returned a verdict in favour of the defendant (Mrs. Nightingale), and on the application of counsel, judgment was entered for the defendant with costs as per scale. % Judgment will not be enforced until counsel for plaintiff has had an opportunity of considering the position in rcw 1 any ft l ' lll-0 claim under the Workers' Compensation Act.

PERPETUAL INJUNCTION.

A tradfe mark case of considerable interest ivas mentioned in the Supreme Oourt yesterday, before His Honour 'j' us to<!3 Chapman, when Tootal broad,lurst Lee Company, Ltd., proceeded L. Evans and Co., Ltd., lor an injunction to restrain the dc-((-!i from infringing the trade mark iobralco." Mr. M. Alvers appeared tor the plaintiffs, while Mr. T. M. Wilford appeared for the defendants. .lootal Broadhnrst Leo Company, Ltd., are Knglisli manufacturers of a u/' 1 ' :1 under tlie tirade mark of lobralco." Kecently it, was discovered that, L. Evans and Co.. Ltd., drapers, of Cuba Street, Wellington, had been selling u colourable imitation under the name of "Tobraleo" or "Tebralco.'' On the matter being brought to the ilotiee of Evnns and Co., the firm pleaded that thov had acted in ignorance of the fact that, their action was an infringement of the rights of loidal Broadhnrst, Lee. A settlement was arranged between the parlies, h.v which Pootal Broadhnrst Lee accepted judgment for a perpetual injunction restraining Evans and Co. from further infringement of their trade mark. Costs of the action as between solicitor and client wcra paid to the plaintiff compawr.

LEAVE TO PROCEED. On tlie application of Mr. T. Young, Bilby and Co. wore granted leave to proceed with an application to register the trade mark "Cream Equivalent" in use by the company. The order was made in terms of the order granted in

tho Auto-strop case. Mr. P. S. K. Macassey appeared for tlie Registrar of Patents.