THE SALAMANS AGAIN

Otago Witness, Issue 3581, 31 October 1922, Page 63

THE SALAMANS AGAIN

THE FULL COURT’S DECISION. WELLINGTON, October 24. The Full Court delivered judgment this afternoon in the case of Salaman v. Salaman, a case stated for the opinion of the court. The plaintiff, Marjorie Salaman, brought an action for damages against defendant for malicious prosecution and wrongful arrest. The alleged wrongs occurred during the period between the granting of a decree nisi and the making absolute of a decree for divorce between the parties. The following question was ordered to be argued before the trial of the action £<<& damages:—“Whether, after decree ain-olme has been made for a dissolution of marriage. the wife can sue the husband for personal injury committed by him in the interval between the decree nisi and the decree ab so lute.” Mr M. Myers, K.C., and with him Mr Leicester, appeared fop defendant, and Mi E. G. Jellicoc for plaintiff. Mr Justice Adams delivered the judgment of the court. In answer to the question put the court staled that it, was of opinion that after the decree absolute dissolving mar riage had been pronounced the wife could not sue her husband for personal injury. Committed by him during the interval between the time of granting the deciee nisi and the making of the decree absolute. Tiecourt was of opinion that the question wa concluded by authority, and that until the decree was made absolute the status of a woman was not altered. Defendant was allowed 12 guineas costs. Judgment was then given b> Mr Justice Adams dismissing the action, with costs to defendant on the middle scale. Mr 1- G. Jellicoc thereupon moved for leave lo appeal to the Privy Council, but consideration of this motion was adjourned until tomorrow.