MOTION FOR NEW TRIAL

Dominion, Volume 14, Issue 18, 16 October 1920, Page 6

MOTION FOR NEW TRIAL

APPEAL COURT UPHOLDS APPLICATION. Reserved judgment in the motion 'for new trial in the case of Yorston v. Yorston -was given in tho Supremo Court yesterday afternoon by tho Chief Justice (Sir Robert, Stout), Sir Bassett Edwards, mid Sir John Salmond. The case, a petition for divorce, had been heard somo timo previously, tho husband being the petitioner on "the ground', of desertion. It was alleged that the desertion commenced about March 7, 1917, and tho petition was filed on March 30, 1920, but was dated March 23. _ If.' then, the desertion continued until boforo March 2G, tho three -years required for desertion would have elapsed. The verdict had been given for tho respondent.' In giving his judgment, tho Chief Justice said the question was whether thero was evidence adduced at the trial sufficient to entitle the netitioner to havo his suit left to the jury. After reviewing tho ovidence, His Honour considered no statements of tho petitioner, if true, "and ho Court must or. this motion assume they are true." showed in bis opinion a determined desertion on the part of the respondent. Ho was. therefore, of opinion that there should be a new trial. Sir John Salmond, _in his judgment, said it wns for-tho jury to decide on thfc wiedght bf evidence. Wilt wnb of opinion that a new trial should be ordered. Sir Bassett Edwards, who heard tho ease originally, opposed the motion, referring to evidence Droviously not brought before Die Court. Ho maintained that there was no proof of desertion.