DIVORCE COURT

Dominion, Volume 11, Issue 283, 19 August 1918, Page 9

DIVORCE COURT

DONNELLY V. DONNELLY. On Saturday morning His Honour, Mr. Justice Hosking,- and/a jury of twelve heard the petition of Hughena Jessie Donnelly for ft judicial separation from her husband, Marshall John Donnelly. Mr. M. Myers, with him Mr. G. Watson, appeared for tho petitioner, and Mr. J. J. M'Grath fin , the respondent. Tho petitioner in her statement, after setting (forth the reasons, in which misconduct was alleged, for a judicial separation, asked for the custody of tho younger child of the marriage, that tho , respondent be ordered to pay tho costs of tho proceedings, and that she might be grantwl other relief as the circumstances raieht warrant., ,

Mr. Myers said tlint tho enso ' was brought under the Matrimonial Cannes Act, nnd'Mrs. Donnelly was nRMnn- for a judicial sopnration on the ground of her husband's misconduct. | Considerable evidence relating to tho allegations of misconduct was heard,'at the conclusion of which Mr. M'Grath, for the defence, stated that the respondent did not opposs, tho action for a judicial separation, and that tho only reason why the case had been allowed to come into Court was to enable Donnelly to declare on oath that there had never been any mipconduct.

His Honour, in addressing the jury, said the, question they had (0 consider was whnthp.r the respondent had been guilty of misconduct.

Tho jury, after about half an honr'e retirement, returned a verdict that the rospondent had been guilty of misconduct.

His Honour granted thp petitioner the judicial sennration soimlif, with costs, and as to the custody of the .child, no ordor was made, eho being over 1G yeaw of nge.