DIVORCE PROCEEDINGS

Nelson Evening Mail, Volume LXI, 10 August 1928, Page 5

DIVORCE PROCEEDINGS

AGREEMENT CONCERNING . . EVIDENCE PETITIONER AND CO.-RESPONDENT . (By Telegraph,—Press Association) . . -. .■. . WELLINGTON; 9th August j The Magistrate, Mr Page, to-day held legally binding an agreement entered into by a co-respondent in a divorce action to pay petitioner £SO on condition that certain evidence was not ofi fered. Samuel Hosking Lake, engineer, 'of Porirua, was plaintiff, and Henry Edwards, of the Porirua Mental. Hospital staff, the defendant. In June, Lake petitioned for ardivbrce from his Wife; on the grounds of adultery,,drunkenness, and neglect of domestic duties. Two persons were joined as 'co-respon-dents, one being; defendant. An agree? ■ ijent was entered into between the petitioner, "respondent, and the two , corespondents whereby it was agreed inter alia, first, that petitioner woud offer no evidence in support of the charges of ) adultery, and second, that respondent would withdraw .tier defence to the • charges of drunkenness and neglect of domestic duties, and. that the husband's petition on those charges would; go undefended. As a part of the agreement the co-respondents each undertook to . pay a sum of money, defendant's amount being £SO and the other corespondent £75...'; The ; claim was resisted on the: ground of being contrary to public policy..^Mr Page held that ' the. amounts were in the nature of costs, and differentiated between this case and one of stopping a petition.