LEGAL INTERVENTION

New Zealand Herald, Volume LXXII, Issue 22046, 28 February 1935, Page 14

LEGAL INTERVENTION

DIVORCE CASE SEQUEL PROCEEDINGS AT HAMILTON SOLICITOR-GENERAL'S ACTION. [from our own correspondent] HAMILTON, Wednesday The Solicitor-General, Mr. H. G. Cornish, intervened in a divorce case in the Hamilton Supremo Court to-day. The case related to the petition of Charles Stevenson, dairy instructor, Hamilton, who, on September 3 last at Hamilton, obtained a decree nisi from Ellen Stevenson on the grounds of separation Mr. Justice Fair presided.

Mr. H. F. Gillies, Crown solicitor, filed the following submissions on behalf of the Solicitor-General: —That the decree was obtained contrary to the justice of the case by reason of the following material facts not having been brought to the notice of the Court: (1) That the petitioner and the respondent were not at any time parties to an agreement for separation; (2) if the petitioner and the respondent were at any tune parties to an agreement for separation, then such agreement was not in full force and effect at the time when the decree was pronounced.

The Solicitor-General askod the Court to rescind the decree and to dismiss the petition of Stevenson. When the case was called, Mr. King, for petitioner, raised the point whether the leave of the Court should not first be obtained before intervention could be made. Mr. Gillies submitted that the Soli-citor-General could intervene without leave. A member of the pilblic had first to obtain leave.

His Honor agreed with Mr. Gillies. Mr. King said the Solicitor-General made no suggestion of collusion. His .client was anxious to have the full facts investigated. A fixture for the case was made for Friday. «