SUPREME COURT

Southland Times, Issue 18839, 4 June 1920, Page 7

SUPREME COURT

YESTERDAY'S SITTING. (Before His Honour Mr Justice Sim.) His Honour took his seat on the bench at 10 a.m. IN DIVORCE. Frank Mussen v Catherine Mussen—a petition for dissolution of marriage on the ground of desertion. The i>etition was unopposed, and Mr Erie Russell represented the petitioner. Mr Russell said that the parties were married in 1893, there being live children of the union, two of whom were deceased. In 1901 the respondent visited Sydney and there the last child of the marriage was born. She bail gone to Australia with the consent of petitioner, and, again, with his consent, had gone to Sydnev in 1905, ostensibly for health reasons. She stayed away about two years longer than her husband desired. On returning she had gone to Queenstown, where she lived for about three vears. being seen with other men a good deal. After three years she returned to her husband in Invercargill, living with him for about IS mouths. In 1912 the petitioner. on returning to Invercargill from Timara, found a note wailing for him from his wife in which it was .-tatted that she could not live with him and had gone to Australia. Prior to this, she hail often asked the petitioner to go to Australia. Since April, 1912. the re-[ni:uieiU had not lived with the petitioner. Evidence on the above line.- was given by the petitioner ami Francis C.porge O’Beirne, who had had business negotiations with the respondent before she I ft Invercargill, produced letters front h-r dated from Anal raiia. A decree nisi was granted, to be made absolute al the end of three months. IN BANKRUPTCY. Harry Rubber iMr Hall Jones i motion tor discharge. Counsel said that the bankrupt was unable to pay his debts and his father flatly refused to do so. Apparently the objection to .lame- Cody, to whom the money we.-- owed, took precedence over the father's natural .affect u-n. Counsel con siderd that Hi- Honour might make an order of disrharge on condition (hat judgment was entered against bankrupt for the amount by the ('ffiei-d Assignee His Honour consented and marie an order of discharge conditional on the entering of judgment for £S3 19s 9d, the full amount owing to James Cody. Emily Hloomiicld iMr Eustace Russell t was granted an immediate discharge. IN BANCO, Mary ('■ » :nrr IMr \V. Macalisler’ v. .1, K. Cormier ami another IMr Cochrranei. This u a.- ;.n originating ,-ummons under the Family Protection Art. Mr Stout represented the English beneficiaries and Mr Tait the daughters in New Zealand.—-An order was made that the executors pay plaintiff .do per week as from January 1. 1920; leave reserved to move at any time to vary the order.

Dima Mayne 'Mr Haggitt- v. Public Tni.-tee— :im originating summons under the Family Protection Act. An order was made giving the plaintiff the whole estate subject to her interest being defeated if she marries •again.

fn the e-ise of Thomas MeKellor and others v. William Guthrie, a claim for an injunction and U_'so damages, decision was reserved after the judge had heard lengthy iegai argument.