SUPREME COURT

Grey River Argus, 17 September 1932, Page 7

SUPREME COURT

WESTPORT SITTINGS Compensation Claim (From Our Own Correspondent.) WESTPORT, September 16. His Honour, Mr Justice Reed, presided at the quarterly session of the Supreme Court, which opened yesterday. John Moseley, Waimangaroa, claimed from the Buller County Council, the sum of £5OO general, and £65, damages in respect an accident, which occurred to him, causing his right hand to becom e permanently incapicatcd. The statement of claim alleged the accident was due to mispeasance on the part of the County Council i n that a culvert was opened on McGill’s Road. Waiman garoa and was not properly covered up. Mr Wilson (for plaintiff) contended that the temporary bridge, which was erected pp'posite Moseley’s house, to allow a drain to be repaired, was a makeshift j°b. Plaintiff, whilst proceeding on a message, trod on one of th e planks and fell through. A milk bottle which he was carrying broke, a deep gash being inflicted on his hand. The defence denied the accident, and any negligence on the part of County Council, and alleging there was contributory negligenc-e on th e part of plain tiff. The hearing of the case occupied most of the day. The jury retired at 8.15 p.m., and returned at 12.15 a.m. The foreman intimating that they were unable to arrive at a verdict. A new trial was set down for the next sitting of th& Court. A REEFTON CASE. Boatman’s Consolidated Gold Mines Ltd. (in liquidation) v. Walker and j Comerford. This was a motion to upset an order mad c by Mr .Fustice Adam.-, granting leave t 0 Walker and Comerford to commence a suit against the Company, for forfeiture in the Ward on’s Court, at Reefton. Th e leave of the Supreme Court was necessary to bring the action in view of Section 244 of the Companys Act. This leave had been granted on June Sth, 1932, but action i n the Warden’s Court was held up pending the decision of the present Court.

The Judge was of the opinion that if the present position was allowed to continue, proceedings would be held Up indefinitely. The liquidators’ motio-i would be dismissed and th G order mad.b v Mr Justic e Adams, on Juno Bth, would have to stand. Mr Patterson appeared for the liquidators, and Mr Morgan for the defendants. DIVORCE CASES. Evelyn Thompso u petitioned for a divorce from her husband on the grounds of separation for three years Petitioner gave evidence that she was married in England in 1921. There was one boy, nine years of age. A deed of separation had been agreed upon whilst living at Millerton, after which her husband left her, and she had only hoard from him onc c since. A decree nisi to be made absolute in three months, was granted petitioner to have custody of fh e child. Mary Clark asked for a dissolution of marriage, and custody of te children, from her husband, John Clark. Petitioiu'r stated that she was marri-'d at. Millerto n on 19th November. There w<ere two children, a bo v and a girl. An agreement was entered into, to live apart, and they had not lived together since. She had no maintenance from Irm. James Durni n said he knew Mrs Clark for ten years, and during th n past three years, had not lived with her husband. Decree nisi to be made absolute in three months, was grant'd, petitioner to have custody of tl'.J children. CLAIM UNDER FAMILY PROTECTION ACT. S. Rosenberg v. L. Rosenberg, originating summons under Family Protection Act. an order for maintenance. Mr Wilson stated defendant, Leo Rosenberg lived i n Vienna and an order was made o n the Public Trustee. They had arranged for th e case to be held over until March, but asked that the Public Trustee’s costs, as between the Public Trustee and his client be paid out of the estate. A legacy of £lOOO was given to Leo Rosenberg, a brother of Bill Rosenberg. The widow was applying for relief, stating it was not fair for that money to go to the brother. Th c Public Trustee had n.o funds and they were asking fhat the costs should be paid out of the estate. His Honour said the best thing to do would be* for Mr Wilson to get Public Trustee to prepare a- memorandum ami place if before him. Mr Wilson agreed to let whole matter stand over. BANKRUPTCY. Mr A. A. Wilson supported a motion for discharge from bankruptcy, on behalf of Robert Pattcrsin. Nir W. T. Slee appeared for the Official Assignee. His Honour, after hearing evidence-, granted the discharge asked for. Applications by the D.0.A., for release from bankruptcy, was granted in the following cases:—Emily Thompson. Cedric Ray Tennant, Joh n Edward Dunn. Haro’d QuerCt., Alfred Ferguson and Neil Deane.