SUPREME COURT.

Taranaki Daily News, 14 May 1920, Page 6

SUPREME COURT.

YESTERDAY'S SESSION. The quarterly session of llio .Supreme Court at New Plymouth wore continued yesterday before His Honor, Mr. Justice ChapmanDIVORCE MATTERS. Frederick Mors'nead (Mr. C. H. Croker), petitioned for the dissolution of his marriage with Clara Morshead (Mr. C. H. Weston) 011 the grounds of desertion. There was also a cross-petition by the wife against the husband on the same grounds. Petitioner's evidence was to the effect that after marriage in 1890 he and his wife co-habited until about May, 1914, when she left him, and "although he had provided a home for Her and asked her to return to hijn she had declined to do so. In cross-examination he said he had always supported his wife and children as far as his financial position enabled him to do. His Honor remarked that the case seemed to him one in which the parties ought to be able to come to some agreement. It had been stated in the cross-ex-amination of petitioner that he had been separated from his wife by deed of separation. " This document was not produced and his Honor said it would have to be seen before he could give a decision as it might be still operative, in ' which case he would have no authority ■ in the matter.

Mr. Croker said if they were allowed a little time to confer he thought there was some slight hope of an arrangement being reached to discontinue one of the petitions-

With the Court's consent the parties conferred, and upon resuming application was made for the case to stand down until this morning, when it was likely it would be brought 011 by petitioner as an undefended action. The application was granted. SUB-LEASING OF LAND. A somewhat involved claim occupied the Court for the greater part of yesterday, in which Alexander Campbell, farmer, of Okaiawa, sued Miss C. S. Patterson, of Manaia, Mrs. Louisa D. Gilbert, of Kapuni, and Welsh and M'Carthy, solicitors, Hawera, for £l5O, Mr. F. C. Spratt (Hawera) appeared, for plaintiff, and Mr. D. Hutelien for defendants. The case arose through the sale by Campbell of his goodwill of a sub-lease from Mks Patterson to Mrs. Gilbert. The statement of claim set out that £25 had been deposited with Welsh and M'Carthy in connection with the last transaction as security by,,plaintiif that he would discharge the covenant made in the lease as to the grubbing or clearing of gorse; also that a sum of £l5O, balance of purchase money payable by Mrs. Giioert to plaintiff, had also been left with the same firm of solicitors as security, pending the settlement of certain claims in respect of alleged breaches of covenants in the lease by plaintiff. Plaintiff claimed the return of these amounts, on the ground that lie did not clear the gorse. and that he was not liable for the breaches of covenants alleged. '

Statements of defence were filed by each of the defendants, ami Miss Patterson made a counter-claim that the sums of £2.) and C 1 -V) should he paid to her, or that in the alternative the plaintiff should pay to her £2OO as damages for breaches of the conditions of his lease.

Mr. Spratt opened the rase at some li'npth, and went very carefully into the details of the transactions, and the evidence for the defence was not concluded when the Court adjourned. IN BANKRUPTCY. Robert Fowler, sharemilker, of Okaif»va, applied for his discharge in bankruptcy. His counsel (Mr. P. O'Dea) said that lie nad paid twenty shillings in th« £, and the D.O.A.'s report was satisfactory. The discharge was granted.