LODGER OR TENANT.

Auckland Star, Volume XXXIX, Issue 129, 30 May 1908, Page 5

LODGER OR TENANT.

THE EVICTION W A HUSBAND. MELBOURNE, May 22. Extraordinary evidence was given in' a case before Mr. Justice Hood. An affidavit by Robert Moodie, of Avoea, storeman, was read. He said he was married to Jane Hannah Ritchie on January 2, 1897, and there were two children of the marriage. He had been living with his wife for the last few years near Avoca, in a house belonging to his wife, and the two children resided with them. About two months ago his wife took to board with her a young man, David Fringle Nightingale. Moodie said he objected to Nightingale being taken in as a boarder, but Nightingale came in defiance of him, and with the approval of hu wife. When Moodie threatened to have him turned out, his wife told him if he did not like Nightingale being there, he could himself leave, as the house belonged to her. When he did not leave she and Nightingale told him the house and land had been let to' Nightingale. Nightingale gave him notice to quit the premises, or to pay 5/ per week if he slept there. This Moodie eaidi he refused to do,"and Nightingale told him to "clear out" at the end of the week. At the end of that time Nightingale told him his time was up, and he had to leave. Moodie was granted a writ of habeus corpus against both his wife anil Nightingale to produce the children.'