SUPREME COURT.

Taranaki Daily News, Volume L, Issue 60, 3 October 1907, Page 2

SUPREME COURT.

NEW PLYMOUTH SESSIONS. WEDNESDAY, OCTOBER 2. Before His Honor Mr. Justice Denniston. -CLAIM FOR SPECIFIC PERFORM-' ANCE. Priest v. Simons.—Mr. Wright (with him Mr. Johnstone) for plaintiff iim i i V y era ( him Mr. Thomson) for defendant. Evidence was called at conNideiable length. Briefly, the facts ivere that defendant agreed to soli to plaintiff a farm ov#r which timber rights and tramway rights had been granted. Plaintiff claimed that he knew nothing of this incumbrance afc the time, and that it depreciated the market value of the property. The defence was that plaintill had been told of the grant, and that nt any rate its existence did not depicciate the value to the amount stated r CalM for the, plaintiff were ft. H. M. I.ysons, surveyor; W. C. Clements and a Burgess, sawmillers; G. A. Marchant, farmer and valuer; and E. Carthcw, agent and valuer. For the defence—Charles Simons, farmer; Henry Brown, sawmiller; 'A. D. Carr and Karl Bielawski, farmers; E. R. A. Haworth, valuer and agent; T, V. Simons, sawmiller. Argument was heard at some length Decision was reserved.

feETTLTNU UP A BUSINESS, jt' }' itzlicrbort v. C. M. Townsend.Air. Wright for plaintilf anil Mr. Townsend appeared in his own behalf. The plaintiffs case waj that he sold a le<»nl practice at Waitara to defendant, and the price arranged was lmlf the first years profits. By consent an order was made for the payment of £IOO, without costs. I IN DIVORCE. I

• Harvey v. Jlarvey, husbancl's petition I for dissolution of marriage. Mr. Spenee , (Spenee and Stanford, Stratford) for , petitioner. No appearance for respon- , dent or 1 petitoiner, a young man, of Mangaweka, and formerly of Toko, a labourer, gave evidence that he was livimr with his wife at Toko and working 011 railway wcirks. He was away at work all week, returning home 011 Saturday Mights. A man named Thomas Crowley or Jlacllonald, the co-respondent, stayed with them for the week-ends. He came home 011 Saturday, Bth June, with Crowley, as usual, and left again on the Sunday with him. When he came home Oil the next Saturday he found that Crowley'had arrived before him. His wife said, "There's going to be a d row in the house." They had tea. When bedtime cams, about 8 o'clock, he said, ''Bedtime, Tom." Crowley got up ami went to his room. Respondent went with him. Almost immediately they came back, and Crowley hit out at him He put Oil his hat and left. That night he slept at the hotel, and respondent and co-respondent stayed at petitioner's nouse. .1 hey were there next morning when he called, about 10 o'clock. He picked up one of his two children itnd walked up and down. But, as Crowley was looking savage, he put the child down and went away. He went back about 5 o'clock, picked up the child, and sat down by the fire. His wife said she was "going to clear out," adding that "Tom's gone away for a gig." Petitioner replied that if she went she would go of her own free will. He went back to the hotel for tea, and afterwards returned to his house. He again picked up the child and sat down. He i heard the co-respondent come on to the verandah and call out, "Come on." His wife said "good-bye" to the children and left. She had not returned. He ! had been present when the petition was

served on respondent and co-respondent at Waitara. His wife said, "For God's sake, don't tell anybody. I'm living in the name of McDonald." The co-re-spondent said, "You. white-headed little - head." He had connived at this divorce. Mrs. Smith, a boardinghouse-keeper, gave evidence that Mrs. Harvey and Crowley came to her house on 10th ijnd 17th June last, imtl had lived there as man and wife, occupying the same room, ever since. ** His Honor said the petitioner was entitled to Ms decree, which would be granted,' to be made absolute at the expiration of three months. Costs wore allowed, on the lowest scale, against the respondent.

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