SUPREME COURT APPEAL.

Auckland Star, Volume LI, Issue 103, 30 April 1920, Page 6

SUPREME COURT APPEAL.

MAGISTRATE'S DECISION, , REVERSED BY JUDGE. *■] •Judgment .vas given by his Honor Mr. Justice Sim at the Supreme Court this morning in the appeal against the magistrate's decision in the case between William Albert Topp and Alice Florence Topp. On November 7, 1919, an order was made in the Magistrate's Court adjudging the appellant guilty of persistent cruelty to his wife, and ordering him to pay £2 10/ per week towards her maintenance. From the order appellant brought a general appeal. His Honor, after reviewing the evidence of the parties, expressed the opinion that the respondent's story of the alleged assault, in respeefeof which the order was made, was dicredited, and that the appellant's version should be accepte/1. The question to 'be determined, therefore, was 'whether, accepting the appellant's version of the matter, his acts amounted to persistent cruelty or not. His Honor said the acts mentioned couM not in the circumstances be regarded as amounting to Icral cruelty. On each occasion he ihar] been provnkM by fio conduct of j respondent. HU Honor thoiieht, therefore, that tho ordT matle by the maristrate Tras not justified. The anneal -xas n'lowed and the order set a=Me. Mr. Bichmnpr! apneared for appellant ac* ,Mr. Graham for respondent.