THE CARSON-FOX CASE.

Oamaru Mail, Volume XLIX, Issue 13903, 3 November 1919, Page 3

THE CARSON-FOX CASE.

Per Ptitjsp Association DTJNEDIN, November 3. An unusual case was recently heard at Oamaru before Mr Justice Sim, in which an action was brought by Wilhelmina. Carson against Thomas Henry Fox to upset an order made under the Family Protection Act in 1917 by injustice Stringer, in which the interest on certain moneys was ordered to be paid to Fox. as the widower of Isabella Fox. the facts showed that she was three times married, and that at the time of her third marriage her i second husband, one Waters, was ] alive. It was therefore argued that Fox, at the death of Isabella Fox, was ] not her lawful husband. In his judgment to-day, Judge Sim held the marriage with Waters to have been valid and the marriage with defendant invalid. It was contended on behalf of the plaintiff that if the defendant was not the husband of testatrix the order v of 1917 was made without jurisdiction, and was a mere nullity. If, when the case was previously heard the question had been raised as to the status of defendant the Court would have had to determine whether or not he was in fact the'husband of testatrix. No such question was raised, and it was assumed by all parties that defendant was in fact the husband of testatrix. The order was made on that basis, and it must be treated as involving adjudication by consent that defendant was the husband of testatrix. His Honor thought the order could not be treated as having been made without jurisdiction. Judgment would lie for defendant.