SUPREME COURT.

Taranaki Daily News, 7 June 1920, Page 6

SUPREME COURT.

SITTING AT NEW PLYMOUTH. (Before His Honor the Chief Justice, Sir Robert Stout.) The adjourned sitting of the Supreme Court at New Plymouth, was continued on Saturday, before his Honor the Chief Justice, Sir Robert Stout. AN AFFILIATION APPEAL. The appeal of Erie Kilroy (Mr. P. O'Dea) v. Jessie V. M. Tapp (respondent), for whom Mr/ Marshall (Opunuke) appeared, against the decision of Mr. T. A. B. Bailey, S.M., at .Hawera, under the Destitute Persons Act, on the ground of insufficient corroborative evidence that appellant was the father of respondent's illegitimate child, was dismissed.

IN DIVORCE. CLARK v. CLARK. Wm, Ernest Clark, motor mechanic, New Plymouth, for whom Mr. C. H. Croker appeared, petitioned for the dissolution of his marriage with Iris E. Clark, on the grounds of adultery. The petitioner deposed that he wa9 married to respondent in January, 1916, at Palmerston North, and lived with her for several days, subsequently leaving on active, service. While away he wrote regularly to his wife every week for the first twelve months of the tinu, but received only a few letters in reply. On returning to New Zealand he telegraphed to her the time of hiß arrival, but she did' not meet him. He hail tried to find her, through the Base Records Office, who gave him her address in Wellington, but she was not to ba found there, The police subsequently found her in Auckland. Petitioner had never seen her since his return from active service. An admission in writing was put ill by Mr. Croker, in which respondent acknowledged she had been living in Wellington and Auckland with a man named L. H. Ford, as his wife, and that she had no desire to return to her husband. A decree nisi was granted, to be made absolute in three months, subject to the filiilg of an affidavit as to the handwriting of the admissions put in from respondent.

AN APPEAL CASE. RESERVED DECISION. On Saturday afternoon His Honor the Chief Justice delivered his reserved judgment in the appeal case, James v. Crockett and Smith, heard on l'riday. Sir Robert Stout ruled that the decision of the Magistrate was erroneous in several respects. There had been no contract between Crockett and James, and therefore James should not have been joined as a party in the case. He further held that the "equity and good conscience clause" did not authorise the Magistrate to do what had been done in the case under consideration. The Magistrate had no jurisdiction to sec aside Section 13 of the Land Agents' Act, 1012 The appeal was therefore allowed, Mrs. Smith to pay James his costs, which the Court fixed at £5 5s and disbursement. No costs were allowed to Crockett as he did not abandon his judgment against James. The appellant was also entitled to his costs in the lower Court, to be fixed by the Magistrate and paid by Mrs. Smith. Mr. C. H. Croker appeared for the appellant James, Mr. C. H. Weston for Mrs. Smith, and Mr. JEJ. H. Quilliam for the respondent Crockett. CASE ADJOURNED. The case of Charles A. P. Wood v. Mary Ann Bailey, a claim for performance of contract, possession of property, and £IOO damages, was adjourned till next sessions.

YOUNG WOMAN FOR SENTENCE. A girl about 18 years of ape, named KatjO Guest, who pleaded guilty in the Magistrate's Court at Hawera on Friday to the theft of property to the value of £2O 2s 6d from the dwelling of George B. Hill, Rowan Road, Kaponga, appeared before the Chief Justice for sentence. Mr. P. O'Dea represented the prisoner and said that her family were very respectable people. lier mother had died about a year ago and she was the eldest of the family who had iiad a somewhat hard time. She had not attempted to dispose of any of the stolen property. Sir Robert Stout admitted the prisoner to probation for twelve months.