MATRIMONIAL TROUBLES

New Zealand Times, Volume XLIX, Issue 11194, 27 April 1922, Page 5

MATRIMONIAL TROUBLES

APPEAL AGAINST COURT’S DECISION. In the case of Andrews v. Andrews, in the -Supreme Court yesterday, an appeal was made against the decision of Mr Justice Salmond. who had granted a decree nisi in favour of her husband, David Andrews, in his application for dissolution of his marriage with the apjfellant. . Mr H. F. D’Learv (for the appellant) stated that, -as a consequence of misconduct on the husband’s part, a deed of separation had been entered into some years ago, butthe respondent (through his counsel, Mr.A. Dunn) objected that the first separation had only been by agreement, two years prior to the allegation of any misconduct; and for that reason counsel for the respondent held that the case was outside the scope of the Mason v. Mason test case being quoted. Mr O’Leary, for the appellant, main, tained that although the parties might have been reconciled after their first separation, there was no doubt that the deed of separation was subsequent to the discovery of the husband’s misconduct.

The oourt. consisting of the Chief Justice (Sir Robert Stout), Mr Justice Sim, Mr Justice Stringer and Mr Justice Adams, reserved its decision .