Petition For Divorce

Northern Advocate, 26 September 1946, Page 2

Petition For Divorce

(P.A.) WELLINGTON, This Day. The Court of Appeal yesterday considered the appeal of James Edward Thomson, of Hamilton, surveyor, against the judgment of the Supreme Court, Auckland, on July 9, dismissing his petition for divorce from Eileen Maitland Thomson, to whom he was married in 1921. In his petition, Thomson made three alternative allegation: (1) That his wife deserted him in 1931; (2) that The! parties had entered into a verbal j separation agreement in August, 1933;! (3) that the parties had entered into! an express or implied separation agreement in November, 1935. | Mr North,, for Thomson, stated that | the appeal was, against that part of j the Supreme Court judgment relating j to the third ground. The appellant complained that the I judge did not reach this ground, did j not consider matters beyond October! 3, 1935, and did not refer to the agree-; ment of November, 1935. Mr North said this was an agreement as to various matters, but not specifically relating to the separation which was then in force. The court dismissed the appeal and upheld thfe judgment of the Supreme Court. r , ; ■ it was found that there was no evidence upon which it could hold that therd had been an agreement between the parties to separate.