Elliott v Elliott
Jurisdiction | England & Wales |
Judgment Date | 19 December 1955 |
Judgment citation (vLex) | [1955] EWCA Civ J1219-1 |
Court | Court of Appeal |
Date | 19 December 1955 |
[1955] EWCA Civ J1219-1
In The Supreme Court of Judicature
Court of Appeal
or does not allege any conduct on the part of the wife inducing a belief in its truth, he is not entitled to say: "I believed the statement which was made to me, and so I was justified in remaining away from my wife", I say nothing as to whether the pleading might have been different, or another these might have been any application for an amendment. On this pleading, as drawn, the leagued Commissioner came to a correct conclusion then he decided that the part of it to which I have referred should be struck out.
LORD JUSTICE PARKER: I entirely agree, and there is nothing which I desire to add.
Order: Appeal dismissed with costs; Legal Aid taxation of both sides' costs. |
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