DIVORCE CASE

Evening Post, Volume CX, Issue 46, 22 August 1930, Page 11

DIVORCE CASE

DAMAGES AWARDED

VERDICT FOR PETITIONER

The . defended divorce- case of- Sydney Kingsfoi'd, joiner,, of Wellington, against Ivy May jtingsford ■ and Edward Henry Harlen (co-respondent), on the ground of adultery,, was concluded in the Supreme Court late last evening. A. verdict in favour of the petitioner was returned by the jury,'and, he-.was also awarded £3i>o : damages against the co-respondent- in respect of . his claim for £1000. • '

His Honour the Chief 'Justice (Sir Michael Myers) was on the Bench. Mr. W. E. Leicester appeared for the petitioner, Mr. H. J. V. James for the respondent, and Mr..H. H. Cornish for the co-respondent. ..- !. _ '■■'■■

The jury having failed to agree after three hours, the foreman asked his Honour if a unanimous verdict was essential. . -.■•"•._:

His Honour said that if after three hours three-fourths of'the jury 'were, agreed, he thought he could accept-their verdict. It "was, of cota^se, preferable to have unanimity. - - .." ■ :

After a further<hbur, the- jury returned with a unanimous verdict for the petitioner, on the counts -concerning misconduct, and a " three-foufths verdict on the question of damagesy awarding him £350. ' ':-'y'P'■

A decree nisi was granted, to be moved absolute after three; months:-In-terim custody of the children-was "given to the petitioner, and judgment ''was entered for him for £350. The .petitioner was ordered to pay the respondent's costs; to be repaid to him by the" co-respondent, and the latter was ordered to pay the petitioner's, costs. An order was also made for £60 of the damages to be paid over to the Public Trustee, and to be paid to'the respondent at the rate of £1 a-week. : The1 balance would be paid to the peti--tioner. ■■ •'■"• : ' '■■'"■■' '■ •■