SUPREME COURT.

Temuka Leader, Issue 2753, 20 December 1894, Page 4

SUPREME COURT.

At the civil sittings of the Supreme Court, Auckland, iu an action brought by the Colonial Bank against Matthew James Whitelaw, of Kamo, to recover £2160, balance of an account alleged to be owing by (the firm of Jaffl99 Whitelaw & Sons, the jury returned a verdict for Ify? cjefonclaut With costs .on the highest scale. At fiupremo Court, Christchurch, on Wednesday* Mr Justice Denuiston gave judgment iu the cauo Ellmers v. Ellmers, an appeal from the decision of the Magistrates Court. In this case the wife had taken proceedings against her husband for maintenance. The husband had denied liability on the grounds that in 1886 the parties had entered into a deed of separation whereby in consideration of £3OO the wife agreed that her husband might live apart from her, as if he were a single man ; that she would not attempt to compel him to allow her any alimony or maintenance; and that any further incontinence on his part should be no ground for complaint or for any proceedings by her against him. It had been proved that during the present year a suit for judicial separation and petition for alimony brought by her against the defendant by reason of his adultery subsequently to the deed of separation, had been dismissed on tho ground that by the terms of the deed she had connived at such adultery. Mr

Beetham, S.M., had determined that the deed of separation afforded no ground of answer or defence to the wife’s complaint and had made an order for the payment by Ellmers of 15s per week towards her maintenance. His Honor said that though a married woman might contract herself out of her common law rights, the obligations created by the Destitute Persona Act were of a totally different character. The object of the statute was to .prevent a wife from being a burden on the State while she had a husband able to maintain her and no contract between parties could relieve a husband of . that duty. He upheld the magistrate’s decision, dismissing the appeal with costs.