Bergman v. Bergman

This is an action for a separation under the provisions of subdivisions 3 and 2 of section 1161 of the Civil Practice Act, and it is before the court on a motion to confirm the report of the referee who was appointed to hear, try and determine the case.

The parties intermarried at Frauenheim, Germany, on December 23, 1922. It was the second matrimonial adventure of each party. The plaintiff came to America first and later, when the defendant and her daughter, by a former marriage, arrived, the parties lived at Jamestown, N. Y.

At the trial the defendant rested at the close of the plaintiff’s…