CORA LILLIAN MCPHERSON Vs. ORAN LEO MCPHERSON

JUDGEMENT

(1.) QUESTIONS of wide general importance-of interest in some of their aspects to the whole Dominion and even beyond-are raised by this appeal from the Supreme Court of the Province of Alberta, The questions discussed in the judgments appealed from are concerned with the degree of publicity called for at the trial of divorce suits-in particular undefended divorce suits in the Province : their Lordships, however, will have to deal, in addition, with the effect upon a decree nisi made at such a trial and upon a decree absolute following thereon when it is shown-as in this case is alleged, that the proceedings at the trial were devoid of sufficient publicity-were, in short, not held in " Open Court".

(2.) THE facts which raise these questions are not in the present case in dispute and may be stated as follows : THE appellant and the respondent-they will throughout be generally so referred to-were married on April 17, 1908, in the United States. THEir subsequent matrimonial domicil, however, was in Alberta. THEy lived at Edmonton where they must have been prominent citizens-the respondent in 1931, being, or shortly afterwards succeeding to the office of, Minister of Public Works for the Province.

(3.) IN due course, however, there having been no intervention by the appellant or anyone else, the decree nisi was by decree of June 28, 1931, made absolute and the marriage between the appellant and respondent was, at least apparently, finally dissolved, with this statutory result, that, after the time for appeal had expired, it became lawful for both parties to marry again as if their prior marriage had been dissolved by death-all in terms of Section 57 of the Matrimonial Causes Act, 1857-a section which has always been part of the law of Alberta.