APPEAL SUCCEEDS.

Auckland Star, Volume LIX, Issue 161, 10 July 1928, Page 7

APPEAL SUCCEEDS.

SEPARATION ORDER SET ASIDE.

A successful appeal was made to Mr. Justice MaeGregor in the Supreme Court this morning by George Cruickshank (Mr. Hall Skelton) against an order for separation, maintenance and guardianship made against him by Mr. F. K. Hunt, S.M. The respondent was Annie Eliza Cruickshank (Mr. Allan Moodv).

Respondent alleged against her husband failure to maintain and persistent cruelty. Much evidence was called by both parties.

In delivering judgment his Honor said that it was his duty to come to an independent judgment. He did not have to consider whether the magistrate had been right or wrong, as the evidence placed before the Lower Court had been different. On the first ground there was no evidence to justify an order. Respondent had been subject to the advice of another woman in a very extraordinary way. She had received bad advice about her husband's affairs. His Honor was satisfied that the trouble between the parties arose out of a dispute about a mortgage. It had not been proved that appellant had been guilty of persistent cruelty. The appeal would be allowed and the order set aside.