DIVORCE REFUSED
COLLUSIVE AGREEMENT
AUCKLAND, Oct. 11
On tho ground that there was collusive agreement between all parties, •Judge Smith to-day dismissed the petition for divorce between John Percival Smith (petitioner), Beatrice Smith (respondent), and Joseph Archibald McLean (co-respondent). The parties wore neighbours at Kauwaka, and the case was remarkable for a remarkable agreement said to have been entered into between Smith and McLean, by which the latter was to buy Smith’s farm, marry his wife when she was divorced and give her and her children a home. It was understood that the petitioner would not claim damages and that divorce proceedings would not lie defended. His Honor found that the suit was instituted pursuant to a collusive agreement, and that evas sufficient to require the Court- to dismiss the petition. Petitioner did not abandon the suit and file a fresh petition free from collusive taint. The force of the collusion had not been spent before the institution of the suit. Petitioner therefore could not claim the benefit of either of the mitigating circumstances quoted by counsel.
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Hokitika Guardian, 12 October 1929, Page 3
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177DIVORCE REFUSED Hokitika Guardian, 12 October 1929, Page 3
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