Beadleston v. . Beadleston
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made March 12, 1886, which modified, and affirmed as modified, an order of Special Term, the nature of which and the facts pertinent to the question decided are stated in the opinion. There was no power in the court below to make the order appealed from, after the case had been decided adversely to the defendant, and the order is, therefore, appealable.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, made March 12, 1886, which modified, and affirmed as modified, an order of Special Term, the nature of which and the facts pertinent to the question decided are stated in the opinion. There was no power in the court below to make the order appealed from, after the case had been decided adversely to the defendant, and the order is, therefore, appealable. (Collins v. Collins, 71 N. Y. 275; Schroeter v. Schroeter, 23 Hun, 230; Ross v. Ross, 33 id. 141; Goodrich v. Goodrich, 21 Week. Dig. 264.) Where the…
1Opinion of the CourtEarl, J.
The plaintiff commenced this action against the defendant for an absolute divorce on the ground of adultery. She recriminated in her answer and denied the charges made against her. The cause being at issue was referred to a referee to hear and determine the same, and he, after hearing the evidence, made his report, wherein he found the defendant guilty of the adultery charged and the recriminating charges untrue, and he ordered judgment in plaintiff’s favor. Before the trial of the action the court, upon motion of the defendant, made her an allowance, besides alimony, of $1,000 for the…
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