SUPREME COURT.

Auckland Star, Volume XXVII, Issue 290, 7 December 1896, Page 3

SUPREME COURT.

CIVIL SITTINGS.

THIS DAY.

(Before His Honor Mr Justice Coaolly.) The Civil sessions of the Supremo Cour' were opened this morning before Hi Honor Mr Justice Conolly.

Andrew Tait Walker, Allan v. Geo. WakkenShaw Patterson, claim for specific performance of an agreemenb with regard to & mineral lease under which plaintiS claims a share, or for £3,000 compensation. —Dr. Laixhlpy, instructed by Mr W. J. ISinpier, appeared for plaintiff, and Mr Campbell, iHstrucbed by Mr W. Cole-, man, for defendant;. Mr Coleman ptinted oub thab the amended stabement of claim had been filed ou Saturday, anil defondasb bad therefore had no time to prepare a fresh etatsmenb of defence. The i parties had accordingly agreed thab the case should be adjourned till bo morrow wee {£._His Honor asid he would allow nothing of Ishe kind. He wonla not allow the business of tho Court to be interfered with in this manner. If this case was not taken bo-day or to-morrow ib would havo to stand over till fcbo next sittings. The sta'cemenb of claim had bean issued on the 22nd JuJy, and a statement of defence was filed on the 6th of AugUßb. Then on the 56h December, two days before the eas( waa to come on for ferial, a new count was pub in.—Dr. Laisbley said be bad been instructed only last Thursday. As far as he was concerned he had made as much I haste as possible.—His Honor said he quite understood thab Dr. Laishley waa in no way to blame. Dr. Laishley reminded His Hanor that Mr Napier had been very seriously ill during the last few weeks. —His Honor said he waß quite aware of thab, but only tho last few weeks, not Binco the sth of August—Mr Campbell said he could not prepare a Btatemenb of defence to-day, so he would apply for an adjournment) till next sittings, with costs £12 15s.—His Monor said Mr Campbell was very moderate. Ho would havo allowed him ft great deal more.—The case was adjourned till the next civil sittings. Wm. Denize r. Bknest Blkctowe.— Claim for £99 15s 2d for money lenb, etc., and £37 18a 6d for board and service! rendered.—Mr Brookfield asked thab the case be allowed to stand adjourned kill Wednesday, and this was agreed to. Jas. Macfarlane v. Sharland and Co.— Claim for accounts or £200 amount of uarcbaae money. —By arrangement this was adjourned till the nexb Civil Sittings.—Mr Cooper appeared for plaintiff. Wm. BauMber v. Wm. Cole, Edward ; Charles Frost and Samuel Parker. — Application thab tho Courb declare tbab certain land was held upon trust tor tho I United Methodist Free Churches.— This case was also adjourned till tke next civil sittings. DIVORCE. c CiossET v. Cosset.—On the application of Mr Buddie the decree nisi granted in June, 1894, in the case of William Montgomery Gosseb Vi Annie Venebia Gossefc (respondent) and George Brown (corespondents) was made absolute. NiceoL v. Niccol.— On the application of Mr Baume tho decree nisi granted recently in the case of Kate Niccol and Harry Niccol was made absolute. Follas v. Follas.—-Motion for decree nisi on hußband's petition.—Mr Brookfield appeared for petitioner, bub thero was no appearance of the respondent (Margaret? Alice Follas) and the co-respondent (Wm. Brewer).—The petitioner deposed thab he was a bootmaker. He was married to the respoiadetib at Sb. Patrick's Cathedral, Auckland, on tho l«b February, 1891, the letter's maiden name being Margaret Alice Malone. She was then a barmaid st the Governor Browne Hotel. Witness and his wifo lived together about Auckland, and had one child on the 12th November, 1891. They lived together till 1893 wi|ib some interruptions, one of these being caused by hia wife going on the stage, and others owing to liis going up to tke North Capo and to Bay of Islands. Qn December let, 1892, ghe.rejoinod him ab the Bay of Islands, bub left him again in February and returned to Auckland agauißt his wish. Witness returned to Auckland tke following month, and fouad thab she was benfe on going on the stage as a " super." He remonstrated with her, but could nob geb her fco deßisb, and in consequence of certain rumours he heard that ehe was in the habit of going home from the theatre with men, he did noil live wish her again. He offered to forgive her once or twice since, and on one occasion while up North, he sent her £3 to enable her to rejoin him again, bub she wrote back in reply thab she had got a six months' engagement, aad could not come. Since thea witness had eeen her in Auckland, and upoken to her about certain rumours as to her condition, but these she denied. Ha did not live with her again. Subsequently he heard of her as being a barmaid at the Thames Hotel, and latterly of her living at) Mount Roskill with a man named Brewer. He went oub to see her ab the latter* place, and he spoke to her of her condition, and she replied, " I daresay you have heard, but whatever Idol do openly." Recently witness searched the register of births, and found an illegitimate child, registered by Madge Folios. Hehadnotlived with hiswifo since the middle of 1893.—Adam Menziss, bailiff, deposed to having served the citatioa on the respondent aad co-respondent.— Respondent replied &he bad expected these proceedings.—Edmoßcl Francis Follas also gave evidence.— His Henor eaid it was » very unsatisfactory case, bub he could nob do anything else than grant a decree nisi, there being no defence. It would be very hard to say what would have been tho resuU if the case had been defended. Still there was no doubt the respondent was Hvißg in adultery with the co-L'SBpoadonk. He would nob allow coats.