DIVORCE APPEAL
A MAJORITY JUDGMENT [Per Press Association) WELLINGTON, Oct. 16. The appeal brought by Isobel Paul Bennett, Wellington, from the judgment of Mr. Justice Johnston, dismissing her petition for divorce from her husband, which he did not defend but in which the Solicitor-General intervened was disallowed by the majority of the Court of Appeal (ActingChief Justice Reed and Justices Blair, Kennedy and Callan! in the judgment delivered at the Appeal Court to-day. The wife founded her petition on a deed of separation which had been in full force and effect for three years. It was held that on the facts disclosed in evidence petitioner failed to establish the existence of a statutory ground upon which her petition was based, namely that separation had been in full force and effect for three years, and that it was therefore properly dismissed. Mr. Justice Ostler, in his dissenting judgment, came to the conclusion that the appeal should be allowed. Judgment was entered in accordance with the view of the majority.
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Bibliographic details
Wanganui Chronicle, Volume 79, Issue 246, 17 October 1936, Page 2
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168DIVORCE APPEAL Wanganui Chronicle, Volume 79, Issue 246, 17 October 1936, Page 2
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