AN UNUSUAL APPLICATION

Otago Daily Times, Issue 18802, 3 March 1923, Page 8

AN UNUSUAL APPLICATION

A DECREE NISI. MOTION TO SET ASIDE. ■ APPLICATION .DISMISSED. iPEti United Press Association.) CHRISTCHURCH, March 2. The hearing was continued at the Supreme Court in divorce of the application to sot aside a decree nisi granted cm September 1, 1922, in James Snu.lh, Christoh inch, railway fireman. petitioner v. Clara Maria Smith, respondent, and Frederick Williams, co-respondent. The application was made by Mabel Carter on the ground that since the decree nisi was gianted petitioner )jad been intimate with respondent, on many occasions at her house, anti in that way had condoned tiro misconduct that led to the decree being granted against respondent. Mr A. T. Donnelly, in opening for the defence, said that respondent denied that lie resumed relations with his wife after the decree nisi was granted. The property on which his wile lived belonged to him. He went to the house to get his letters, to repair windmill, and- tocut fences, but was not in any way familiar with -his wife. The evidence of Mrs Carter and a private detective was a brazen and impudent fabrication.

Evidence in support was given by Smith and other witnesses.

The jury found that marital relations hud not been resumed, and the application was dismissed, the quesfc'on of costs being allowed to stand over.