Legal Opinion

Perkins v. Perkins

Appellate Division of the Supreme Court of the State of New York

Decided January 22, 1909PublishedCited by 4 opinions

Appeal by the plaintiff, Frank W. Perkins, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 19th day of October, 1908, denying the. plaintiff’s motion to confirm the report of a referee herein and to enter judgment thereon.

1Opinion of the Court

Ingraham, J. :

This was an action for divorce in which the defendant interposed an answer and which was referred to a referee to hear and determine. He filed his report finding the facts and the conclusions of law and directing judgment for an absolute divorce to be entered against the defendant. Under section 1229 of the Code of Civil Procedure the judgment could not be entered upon the referee’s report as of course, but the testimony and the other proceedings upon the reference must be certified to the court by the referee with his report and judgment must be rendered by the court.. In…

2Cases cited4 opinions

  1. Gorham v. GorhamAppellate Division of the Supreme Court of the State of New York · 1899
  2. Ferguson v. FergusonNew York Court of Chancery · 1846
  3. Galloway v. GallowayAppellate Division of the Supreme Court of the State of New York · 1904
  4. Goldner v. GoldnerAppellate Division of the Supreme Court of the State of New York · 1900

3Cited by4 opinions

  1. Ferguson v. FergusonAppellate Division of the Supreme Court of the State of New York · 1947
  2. Rosenblum v. HigginsAppellate Division of the Supreme Court of the State of New York · 1934
  3. White v. WhiteAppellate Division of the Supreme Court of the State of New York · 1910
  4. Witchley v. WitchleyNew York Supreme Court · 1927

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