SUPREME COURT JUDGMENT.

Taranaki Daily News, 26 May 1919, Page 5

SUPREME COURT JUDGMENT.

THE APPEAL OF TAPP V, TAPP, Judgment in the appeal case, Martha Ann Tapp v. Jesse Tapp, which was heard |at tfye recent session of 'the Supreme Court at New Plymouth, has been delivered by hia Honor Mr. Justice Hosking. . The appeal was from the decision of Mr. Wyvern Wilson, S.M., in refusing to make an order applied for under "The Destitute Persons Act, 1910," for separation on the ground of persistent cruelty and for maintenance on the ground of the respondent's past and intended failure to maintain her. "

After reviewing the evidence, the judge decided that the charge of persistent cvnelty had not been proved. On the question of maintenance, he said that the letter writtep by Mrs. Tapp to her husband after she last left him did not indicate that she had gone away for any other reason than that of securing rest and medical attention. She did not tell her husband she did not intend to return. Concluding, the judgment says: "If I were satisfied of the genuineness of the reason I might award some maintenance ia respect of a reasonable period for rest and health improvement;; but, having regard to the claims put forward for separation and permanent maintenance for herself and the children within a week after the letter -was written, and having regaand to the stat</of the. evidence, I am not s6 satisfied. /The result is that the appeal must be dismissed. I make ,no order as towioßta." Mr.' P. OTJea (Jlawera) appeeqj-ed for apjpollant, and Mr. A,,H,. Poweii%(Ha-