Smith v. Smith

This is an action for absolute divorce. The alleged adultery of the defendant was the only issue raised by the answer. This question was presented to the jury upon a framed issue and a finding in the affirmative was returned. The presiding justice died before granting an interlocutory judgment and application upon notice has been made at Special Term for the relief demanded in the complaint. The action was not discontinued by the death of the presiding justice; it only became necessary to make the application for judgment elsewhere. (Civ. Prac. Act, § 79.) The motion for interlocutory…