A KNOTTY POINT OF LAW

Taranaki Daily News, Volume LIII, Issue 236, 10 February 1911, Page 2

A KNOTTY POINT OF LAW

MAGISTRATE SEEKS LAWYER'S ADVICE. Christcluircli, February 7. An interesting legal question which no one professed to be able to answer accurately cropped up at the Magistrate's Court this morning during the hearing of an application by a husband for the cancellation of an order against him for his ex-M-ife's maintenance. The parties had been divorced recently, and a decree absolute made, but no application for alimony having been asked it had not been granted. Mr. Leatllam, who appeared for the woman, considered that the divorce did not affect the maintenance order, but the Magistrate. Mr. H. W. Bishop, could not agree with this contention. Mr. E. T. Harper, who appeared for the man, suggested that the other side could still apply to ttle Supreme Court for alimony, llis Worship and Mr. Lentham were*not so sure on this, and finally his Worship appealed to Mr. Weston, who was in court, to give his opinion on the matter. Mr. Weston said he understood the English law did not allow it. but the New Zealand law was not at all clear on the question. It was stated by both counsel engaged in the ease that they could find no eases bearing on the question. After mature consideration his Worship held that he must cancel the order.