Gibson v. Gibson

This is an application for final judgment in an action for an absolute divorce, pursuant to section 1774 of the Code. The issues were tried before a referee, whose report was filed November 3, 1902. An interlocutory judgment was signed by a justice of this court and received by the clerk of the part where the case was tried. The interlocutory judgment was not, however, filed with the clerk of the court, i. e., the county e]erk. I have held that this was not a sufficient filing within the purview of this section of the Oode. Rothstein v. Rothstein, 40 Misc. Rep. 101. The proof required by Rúle…