JUDGE’S DECISION REVERSED
VOLUNTARY EVIDENCE OF MISCONDUCT ADMISSIBLE. A decision of His Honour Mr. Justice Salmond, to the effect that voluntary admission of misconduct by the respondent in a divorce case was inadmissible as evidence, was reversed yesterday by the Court of Appeal, whose decision was unanimous and verbally delivered. Leave was also given counsel for the respondent to read affidavits of the evidence heard, rejected as inadmissible by His Honour in the Court below, but accepted as admissible by Their Honours. The suit was the petition of Louisa Dagmar Gaze for dissolution of marriage with Edwin Charles Gaze, on the grounds of adultery and desertion. It was heard in camera. The Judge’s rejection of the evidence was taken exception to by counsel at the hearing in the lower Court, and this formed one of the grounds of the appeal, which also was founded on fact and law.
The Court of Appeal granted a decree nisi, to be made absolute in three months, with costs on the lower scale against the respondent. Mr. A. Dunn appeared for the petitioner.
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Dominion, Volume 16, Issue 177, 14 April 1923, Page 8
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179JUDGE’S DECISION REVERSED Dominion, Volume 16, Issue 177, 14 April 1923, Page 8
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