DIVORCE PETITION.
DISMISSED IN SUPREME COURT. Per Press Association. AUCKLAND, Oct. 11. . On the ground that there was a collusive agreement between all parties, Mr Justice Smith to-day dismissed the petition for divorce between John Percival Smith (petitioner), Beatrice Smith (respondent) and. Joseph Archibald McLean (co-respondent). • The parties were neighbours at Kaiwaka and the case was remarkable for the agreement said to have been entered into between Messrs Smith and McLean, by which the latter was to buy Mr Smith’s farm, marry his wife when she had been divorced and give her and her children a hoirie. It was understood that petitioner would not claim damages and that the divorce proceedings would not be defended. His Honour found that the suit was instituted pursuant to a collusive agreement and that was sufficient to require the Court to dismiss the petition. Petitioner did not abandon the suit and filed a fresh petition free from collusive taint. The force of the collusion had not been spent before the institution of the suit. Petitioner, therefore { could not claim the benefit of the mitigating circumstances quoted by counsel.
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Bibliographic details
Manawatu Standard, Volume XLIX, Issue 269, 12 October 1929, Page 9
Word Count
184DIVORCE PETITION. Manawatu Standard, Volume XLIX, Issue 269, 12 October 1929, Page 9
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