THE SUPREME COURT.

New Zealand Herald, Volume LIII, Issue 16230, 16 May 1916, Page 5

THE SUPREME COURT.

CIVIL SESSIONS OPENED.

PETITIONS FOR DIVORCE,

DECREES NISI GRANTED.

The quarterly civil sessions of the Auckland Supreme Court were opened yesterday. His Honor Mr. Justice Cooper presided. A large jury was empanelled, but the cases set down for the day were those which required the decision of the Judge alone. In the morning the chief business dealt with was petitions for dissolution of marriage, and four decrees nisi were granted. Mary Henrietta Murray petitioned for a divorce from her husband, Frederick John Murray, on the grounds of misconduct. Mr. Allan J. Moody appeared for the petitioner.

The petitioner, who was married in August, 1900, said that her husband left her two years after the marriage. He developed, drunken habits and was cruel towards her. She had supported herself since 1907.

Mrs. Ada James Wells, of Newmarket, gave evidence to the effect that the respondent had stayed at her house with a woman who was passed off as Mrs. Murray. She had since become acquainted with the petitioner, and she knew that she was not the woman who had stayed at her house.

A decree nisi was granted, to be moved absolute at the expiration of three months. No order was made as to costs. A decree nisi, to be moved absolute at the end of three months, was granted in the case in which St. Clare Agnes Fantham (Mr. W. D. M. Glaister) petitioned for the dissolution of her marriage with David Edward Fantham, who was not represented. The evidence in the case was heard on February 12 last. Petitioner relied on sub-section 1 of section 6 of the Divorce and Matrimonial Causes Act, 1913, which provides that where a husband habitually and without just cause leaves his wife without reasonable maintenance, he shall be deemed to have deserted her.

In the present case it was stated that the respondent left his wife and three children and had sent them about £50 in five years. His Honor stated that the section established a new definition of desertion. The petitioner was granted the interim custody of the three children. Costs -were allowed on the lowest scale. In each of the following undefended petitions for divorce held over from the last session in order that certain documents might be filed, a decree nisi was granted, to be moved absolute at the expiration of three months : —Ivy Florence Thorburn, petitioner, from George Ernest Thorburn, on the ground of misconduct; Ada Hamilton, petitioner, from Matthew Campbell Hamilton, on the ground of desertion.

A CLAIM ADMITTED. SETTLEMENT ARRANGED. In connection with the case in which Paterson and another (Mr. M. McGregor) claimed from Randolph Hunter and another a sum of £525 9 8 7d, balance alleged to be due in respect of a contract for the supply of flax and miscellaneous goods, and also a sum of £250, representing a claim for damages for alleged breach «>f .contract, Mr. McGregor stated that defendants had filed no notice of defence. The amount of the claim was admitted. In regard to the claim for damages for alleged breach of contract, a conference had beenheld, and an agreement had been 'reached in • respect to the amount to be paid. A signature was required, however, from one of the principals living at Huntly to the consent for judgment. The case was adjourned until Thursday in order to allow sufficient time for the consent to be obtained. The Court's formal judgment in the case will, then be delivered.