AN UNUSUAL MOTION.

Auckland Star, Volume LVII, Issue 145, 21 June 1926, Page 6

AN UNUSUAL MOTION.

DISMISSING A PETITION.

POSITION' OF 00-RESI'OXDEXT.

An unusual motion came before Mr. Justice Stringer in the Supreme Court this mornins. when Mr. G. P. Finlay, on behalf of Hilda Olive Johnston, respondent, and William Gilbert., carpenter. Te Kuhi. co-respondent, applied to have a suit for divorce entered by William Johnston dismissed for " ant of prosecution.

}Ir. Finlay stated that the action wa? brought up several sessions ago at Hamilton. The co-respondent been served and an answer had been filed, but nothing had been done. Counsel for the petitioner had been -written to, and urged to bring the case for hearing, but he had not replied. In the meantime the co-respondent, who was a reputable man. had this hanging over his head.

Mr. W. Noble. Te Kuiti. counsel for the petitioner, stated that the whole cause of the non-proeecution "was that the respondent had cleared out with t'.ie two children, and had not been found. Exhaustive inquiries had been made, but no trace of her could be found. He had definite knowledge that the co-respondent knew where she was, and he had reason to believe that she was travelling under another name. If the other side would tell him where she was he would be prepared to go on with tne case. His Honor: How is it that you don't reply to letters?

Mr. Xoble said he had told Mr. Finlay's agent in Te Kuhi that he was stiil looking for the respondent. It was his opinion that the co-respondent knew where the respondent was. and was keeping her out of the way.

His Honor: Yon can'T say that. This case cannot remain indefinitely. You can get on by substituted service.

Mr. Noble said that if he wa? given time he would do that. If the co-respond-ent was a reputable man hi? solicitors conld tell where the respondent was. His Honor: You are only assuming that, and I will adjourn this case for two weeks. Application is to he made for substituted service on the respondent, supported by an affidavit, and if that fails the suit will be dismissed.