The Law Reports volume 1

Cover The Law Reports volume 1
The Law Reports volume 1
Divorce Great Britain High Court of Justice Probate
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The cause came on for trial before the Judge Ordinary by a common jury.
M. Chambers, Q. C. , and Gates, for the petitioner.
Dr. Spinks, Q. C. , &nd^>Searle, for the respondent.
Dr. Swabey, for the co-respondent.
The jury found that the respondent and the co-respondent had committed adultery; that the petitioner had connived at the respondent's adultery with W. B. B. ; that the petitioner had con- doned the respondent's adultery with the co-respondent ; and they assessed the damages at one farth
...ing.
THE JUDGE ORDINARY dismissed the petition.
334: COUETS OF PKOBATE AND DIVOECE. [L. E.
1867 Dr. Spitiks asked for an order for the respondent's costs.
ADAMS Dr. Swabey asked for the co-respondent's costs.
The petitioner having made a claim for damages, which was AXD entirely without foundation, the co-respondent was obliged to appear and protect himself against that claim.
THE JUDGE ORDINARY. The respondent is entitled to her costs as a matter of course. I think that, as the petitioner chose to claim damages, and as the circumstances of the case shew the whole proceeding to have been one which it was shameful to in- stitute, the co-respondent is also entitled to his costs.


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