Morrell v. Morrell
New York Supreme Court
In Equity. The plaintiff filed a bill to obtain a divorce on the ground of adultery. The suit was commenced on the 22d day of January, 1847. The answer denied the adultery, and set up, among other things, that about the 2d day of July, 1843, the defendant, in consequence of ill usage by the plaintiff, left his house and went to her brother’s.
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In Equity. The plaintiff filed a bill to obtain a divorce on the ground of adultery. The suit was commenced on the 22d day of January, 1847. The answer denied the adultery, and set up, among other things, that about the 2d day of July, 1843, the defendant, in consequence of ill usage by the plaintiff, left his house and went to her brother’s. That after so leaving him she first suspected, and afterwards became satisfied, that the plaintiff had committed adunery with one Eliza Smith. About the 24th of July in the same year, the parties agreed to a reconciliation, and the plaintiff executed a…
1Opinion of the Court
By the Court,
Sill, J.
The defendant has not adopted the' proper course to get rid of the objectionable clause in the order of reference. The counsel should have attended to the settlement of the order when entered, and if dissatisfied, appealed; or if the order was entered erroneously without notice, the course was to move to correct it before it was executed. We think the clause in question should not have been inserted in the order, being unnecessary and unusual in practice.- The construction which we give to its language, leaves the duties of the referee the same as they would have been…
2Cases cited1 opinion
- Smith v. SmithNew York Court of Chancery · 1834
3Cited by5 opinions
- Ryan v. RyanNew York Supreme Court · 1928
- Tim v. TimNew York Supreme Court · 1874
- Bleck v. BleckNew York Supreme Court · 1882
- Miller v. MillerNew York Supreme Court · 1872
- People ex rel. Town of Rochester v. DeyoeNew York Supreme Court · 1873