LAW REPORTS

Dominion, Volume 9, Issue 2776, 20 May 1916, Page 14

LAW REPORTS

SUPREME COURT UNDEFENDED DIVORCE CASE . In the. Supreme Court yesterday, before His Honour Mr. ..Tusticc Hosking, John Jionasich sought for a dissolution of his marriage with Ada Bonasich, on the ground of misconduct. William Cnritv was joined as co-respondent. Mr." 11. F. O'Lwiry appeared for the petitioner, the suit .being undefended.. The petitioner is a native, of Dalmatia -(Austria), ;.nd was naturalised in 188!). He has- been resident in New Zealand since 1880, was mar l'ied in 1885, and has for thirty years worked on tho wharf. Having heard the evidence, His Honour granted a decreo nisi,, to be made absolute m three months. A MOTION DISMISSED. His Honour Mr. Justice Chapman delivered reserved judgment yesterday in an application- by defendants for reduction of damages in tlio case of the Wellington Publishing Co., Ltd., v. the Commonwealth and Dominion Line, Ltd. Mr. T. Toung appeared for the defondsuits ill support of the application, while Mr. M. 'Myers appeared-for tlio plaintiff company. In the original lictiou, the Wellington Publishing Company claimed JilDO .irom tii-a Commonwealth und Dominion Lino as damages-for tho loss of a package, of machinery, which was broken when being . unloaded from the steamer at A\ : ellingfcon. AJury of four returned a verdict'for tho Wellington Publishing Company for the full amount, and it was to reduce this amount ithat the defendant company came 'to Court, and proceeded by way of a juouon for a new, trial. Inutile'course if his judgment, His Hon'our "said: "Tho only question now is whether tho verdict is dh tho. face of it so demonstrably. wrong as to any item or items that it cannot stand. I. cannot say that as to any item. Moreover, I can conceive that if they had been minutely "challenged there might havo been a claim to add some other items subject, perhaps, to some adjustment of the costs. In tho . circumstances here present, the witness, who drew up the list and deposed to its carreotness, was in a great measure trusted to deal fairly with the matter, and tho jury were trusted to 'deal similarly with it. I do not think it would be in accordance with the practice of the Court to disturb a verdict 60 arrived at. >s to some <.f the items challenged,' I am sure the Court itself, would have allowed them.'" ■ < The motion was accordingly refused, with costs £5 ss. and disbursements. A WILL CASE. , - Judgment was also delivered by Ilis Honour, Mr. Justice Chapman, in tho case of Harold George Davies, executor of the will of Emma Giles, deceased, v. Miriam Giles and .'others.. The testator mado a will P'ving her sister Ellen Augusta ■Giles a life inlerost in the estate, iwhioh upon her death or marriage was to bo divided between hex nieces and nephews, subject to payment of certain bequests. A subsequent codicil altered the terms of the bequests. His Honour decided that ,the bequests in the will were revoked by the codicil, and that Ellen Augusta Giles took the whole of tho estate subject to the payment ,of debts and testamentary and funeral expenses and five lagacies of .€2O each. j Mr. T. Young appeared for. the .plaintiff, and Mr. D. H. Hoggard for one of tie legatees.