HAMILTON SUPREME COURT.

King Country Chronicle, Volume VII, Issue 578, 21 June 1913, Page 5

HAMILTON SUPREME COURT.

TE KUITI DIVORCE CASE. At the Hamilton Supreme Court on Wednesday Isabella Mary Murrell. of Te Kuiti, petitioned for divorce from her husband, Austin William Murrell. Mr Hine appeared for petitioner. Respondent did not appear. Mr Hine stated that the parties were married in June, 1906, at Masterton, and after the marriage lived together at Tauwatai, near Eketahuna, and at Te Kuiti, a girl being born in May, 1907. In January, 1908, Murrell wilfully deserted his wife without cause, and for five years had remained away from her. His Honor granted a decree nisi, to be made absolute in three months. Petitioner was given custody of the child. £250 DAMAGES AWARDED. At the Supreme Court on Wednesday, William Lancaster, of Pirongia, applied for a divorce from Ada Lancaster on the grounds of misconduct. The plaintiff claimed £350 damages, and named Alfred J. M. Syrnons as co-respondent. For the petitioner Mr Swarbrick said that ths parties had lived happily together from the time of their marriage in 1902 until 1910, When intimate relations between respondent and j co-respondent elicited a remonstrance from the petitioner. Respondent confessed to him that she had misconducted herself, and although petitioner offered to provide for her if she would live with her sister, respondent reI mained at a boardinghouss and continued her relations with the co-re-spondent. The co-respondent in evidence, denied any illicit relations and stated that he had not treated respondent differently from what he would any woman. His only reason, he said, for opposing the action was on account of damages being claimed. In her evidence respondent stated that she had never lived happily with petitioner. Replying to His Honor's question whether she had ever misconducted herself respondent admitted that she had done so, and said that she had written to petitioner confessing the misconduct. Co-respondent was recalled, and admitted misconduct at Rotorua in March last. In summing up His Honor said that he would submit.to the jury the fact that micsonduct had occurred after the filing of the petition in order that they might determine whether there had been any prior acts of familiarity. An important feature of the case was that when the petition was filed in December no defence was filed by the co-respondent because no damages were claimed. The jury found respondent and corespondent guilty of mi3conduct, and awarded £250 damages to the petitioner, with cosl3 on the middle scale. A decree nisi was granted. Alfred Morsehead Syrnons applied for a dissolutiou of his marriage with Emily Jane Syrnons on the ground of desertion, The only evidence given was that of petitioner. His Honor said that he would look into the matter with a view to ascertaining whether a decree could be granted. In the case of Emily White against Alexander Samuel White a dceree nisi was granted on the ground of misconduct.