PECULIARITIES OF LAW.

Auckland Star, Volume L, Issue 191, 13 August 1919, Page 9

PECULIARITIES OF LAW.

DEPENDED DIVORCE ACTION. DECREE NISI GRANTED. After a hearing extending over four days, the defended divorce action between Charles Grant, farmer and contractor, of Whangarei. and Eliza Grant and David Marshall, co-respondent, was concluded at the Supreme Court yesterday afternoon, the petitioner being granted a decree nisi. The following issue- were put to the jury by Mr. Justice Cooper: (a) Did tho respondent commit adultery with tho co-respondent! (10 Did the co-respon-dent commit adultery with the respondent! (c) If adultery was committed,j did the petitioner condone it. I

His Honor explained that it was competent for the jury, in certain circumstances, to answer the first question in the affirmative and the second in tho negative. Certain admitted statements by the respondent were claimed by the petitioner to constitute an admission ot misconduct with the co-respondent. Tho co-respondent made no admi-sion ol misconduct, but a definite denial. An admission by cither the respondent or the co-respondent did not bind the other unless tho other were a party to it. Although such a verdict as he had described seemed strange at first sight, it was quite in accordance with precedent in England and New Zealand. After a long retirement, the jury answered the first question in the affirmative and the second and third questions in the negative. A decree nisi was granted, to be made absolute in three months. The case against the co-respondent was dismissed, and he was allowed costs. Mr. J. R. Reed. K.C., and Mr. W. D. Anderson appeared for tho petitioner. Mr. E. J. Pronderga-t for the respondent, and Mr. W. Oliphant for the corespondent.