SUPREME COURT

Otago Daily Times, Issue 17630, 21 May 1919, Page 9

SUPREME COURT

IN DIVORCE. Tuesdat, Mat 20. (Before his Honor Mr Justice Sim.) o'nbal v. o'neai.

Alexander O'Neal v. Mary Ann O'Neal.— A petition for dissolution of marriage on the ground of desertion. Mr F. B. Adams, who appeared for the petitioner, said that the parties were married in 1893, and that there had been three desertions, the last being in 1913, since which time the parties had not lived together.

Tho petitioner stated that he was a tpiarryman by occupation, and was married to the respondent in Hobart on August 16, 1893. They came to Dunedin in 1907, and _ lived at North-East Valley. On returning home on March 17, 1913, ho found that his wife had gone. She loft a message with hia eldest daughter that he was not to go after her, as she did not intend to return. He had not seen her since. He understood that she was still in Dunedin, and had been in domestio service part of the time. She had never made any attempt to get any maintenance from him. The respondent used to stay out till all hcrurs at night, and some nights she did not go home at all.

Ellen Susan O'Neal (a daughter) also gave evidence.

His Honor 1 granted a decree nisi, to be ■made absolute at the end of three months. HELM V. TTTCT.y Mary Elizabeth Helm v. Herbert Helm.— A petition for dissolution of marriage on the ground of desertion. Mr A. Cl Hanlon, for the petitioner, said that in this case the respondent was in prison at the time he was served with the_ citation, and he wrote to the court asking for extra time to plead. He did not now appear. The paries first met in Dunedin in 1909, and while the petitioner was in a home in Invercargill in that year ho married her on the advice of the home authorities. After the marriage Helm visited her at the home, and then disappeared. It appeared thai the police were looking for him at the time, and ho was arrested shortly afterwards, and was sentenced to 18 months' imprisonment at Invercargill on a charge of theft, and since then he had been in trouble several times. At the time of her marriage the petitioner was 18 years of age. When the respondent deserted her she went to "keep house for another man, who had intended to marry her if she got a divorce, but unfortunately he died during the influenza epidemic. The petitioner, Jane Harris, and Subinspector Mathieson gave evidcuco in support _ of' the petition. His Honor granted a decree Twrf, to be made absolute at the end of three months. KUBMTOft v, BKEMNKR. Jflorenca Mabel Bremner v. Andrew Walker Bremner.—A petition for dissolution of .marriage on the ground of misconduct. Mr Hanlon, for the petitioner, said that die parties were married in Dunedin on September &» 1903. Hbexo were three children of the marriage. Shortly after the marriage trouble arose, the chief cause being that respondent would not work. The petitioner had to go out and mm her own living. In December, 1913, the parties separated under an. agreement. The respondent paid nothing under the agreement, and the petitioner had had to work' to keep herself and children. Bremner took up with somone else, and had frequently been seen in Dunedin and in Qamaru, Evidence was given by the petitioner, Maud Bayley, and Stanley Benjamin Butler His Honor granted a .decree nisi, to be made absolute at the end of three months, the petitioner to have the custody of the children, and the respondent to pay costs on the lowest scale; witnesses' expenses and disbursements to be M w the registrar.

OTKOH V. nrRP-niT Jenny CSiristma Meeoh v- John Agustace Meech. A petition for dissolution o£ marriage on the grounds of desertion. Air W. L. Moore, who appeared for the petitioner, said the parties were married in .1896, land there were 4 children of the marriage. Ijrom an early stage in their married life the respondent exhibited a violent temper, and they changed about from- place to place. During one period he got into trouble, and was admitted to probation for two years. On several ciocasona he threatened to take her life, and carried a razor with him. While at Pareora he threw the dishes about, and when at Owhanga he caught his wife by the throat and threatened to choke her, and was prevented from doinc serious injury only by the interference (5 boarders in the house where she was staying. The petitioner then left the respondent and went straight to Invercargill, her idea being , to get as far away as possible from tiie respondent, of whom sho was afraid. Petitioner gave evidence in support of counsel s statement, liespondent worked in an. auction room, and wtuie there was convicted oi thuit and was released on probation for two years. Heapantient woiud not wont, and witness had to go out and earn her living. On one occasion she accepted a position to take charge of a boarding-iiouss at the Pareoi-a freezing works, bne lett ivieecu on JNiovember 4, 1911, and wrote to him irom Invercargill saying that she could not live with him any longer. In 1912 he wrote to her asking her to come back but she would not do so. She had earned her own living ever since. t Ellen Beaumont deposed to respondent's cruelty to his wife wiien they lived in hex boarduig-house at Owhanga. Edith Edna Banks, petitioner's married daughter, gave corroborative evidence. His Honor said thas the petition was based on constructive desertion. Mr Moore eaid that was so . ■ His Honor said that petitioner did not leave respondent immediately after the violence at Owhanga. He would take time to consider tn© matter.

tyi.RR v. TVT.ETR George Henry Tyler v . Marion Cecilia iyier and 'JLlmothy George Collins (co-re-spoiident). A petition lor dissolution of marriage on the ground" of rnisconauct. Mr Calvert, tor the petitioner said that the parties were married in lywj. They lived m Dunedin, Christchurch, and Aonk-ii.nri eventually returning here. Two years aeo the petitioner lelt with the Twenty-second Keintorcements. When in the Old Country he received a communication from Headquarters that his wile's separation allowance and allotment money had been transtoted irom her to the Otago Patriotic) Apociation. Iho petitioner returned to Dunedn in January of this year, apd saw his w f[f' ° waa J"®* in Harbour terrace with his three children. He took the children away l_he co-respondent was at Gore &3 a deserter. e

Hia Honor granted a decree nisi, with We to make it absolute at the endof three monlhs; the petitioner to have the two boys m the meantime, and the respondent to have custody of the rrirl in the meantime. b

COOK v. COOK. Robert George Cook v. Dukde Cook and Henry George Eggers (co-respondent).— A petition for dissolution of marriage on the ground of misconduct

air Irwin said the parties were married ?onQ DeVO "P° r !i November 17, V o9 ' . and alterwards removed to Marton Junction. While hvmg there the petitioner paid a visit to Auckland to see his father who was iIL and on his return discovered tiiat respondent and co-respondent had come acquainted. The petitioner came to Dunedin with his young son, and afterwards went to tho front

His Honor granted a decree nisi, with leave to make it absolute at the end of three months; petitioner to have custody of the child; costs against co-respondent on tho lowest scale. Probate was granted in the estates of Charles Plant, Harold Cecil M'Callum, James Callendar, William Edward Leslie, Archibald Marshall, and Blioebe Atiti Bertha Young. Letters of administration were granted in tho estate of Alexander Btrown, In re memorandum of mortgage from Henry Beighton to Jamea Aubrey Moyle. Motion for leave to exercise power of sale. —Order in terms of motion, costs of motion to be mortgagee's costa. Writ of summons for accounts and appointment of new trustees, Elizabeth Ha milton and another v. A. jfe!. Boalt.—Decree granted in terms of minute of settlement agreed upon by the parties. Public Trustee appointed sole trustee of the will of J. L. Boult (deceased) in place of the 'defendant Boult.