["Davis v. Davis", The Argus (Melbourne), Tuesday 19 December 1911, page 8]
DAVIS V. DAVIS
CO-RESPONDENT TO PAY COSTS.
In the First Civil Court yesterday, Mr. Justice A'Beckett delivered judgment upon the question of costs reserved at the hearing of the divorce suit of Davis v. Davis (Hattrick co-respondent).
Abraham Davis, 48 years of age, business manager, of Drummond-street, Carlton, sought a dissolution of his marriage with Sarah Davis, 40 years of age, on the grounds of desertion, and also of her misconduct with J. M. Hattrick, commercial traveller. Mr. I. S. Woolf appeared for the petitioner, and Mr. J. McFarlan for the co-respondent, upon the question of costs only. There was no appearance for the respondent.
Mr. Justice A'Beckett said that the general proposition prevailed that it was for the husband to satisfy the Court that the co-respondent was aware that the respondent was a married woman. From the letters written by the co-respondent himself, it was evident that in this case the co-respondent had such knowledge, and he must therefore pay the costs, except those of three witnesses, whose attendance had not been necessary. A decree nisi would be granted on both grounds, with costs against the co-respondent.
