Galloway v. Galloway
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Clara A. Galloway, 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 21st day of January, 1904, denying the plaintiff’s motion to confirm the report of a referee in an action for divorce, a vinculo matrimonii.
1Opinion of the Court
Hatch, J.:
The evidence adduced before the referee was sufficient to sustain the averments of the complaint, and in the absence of collusion between the parties it justified the findings of fact and conclusions of law which were made and authorized a judgment of divorce absolute as reported by. the referee. By the provisions of section 1229 of the Code of Civil Procedure such judgment may not be rendered until the testimony and. other proceedings upon the reference are certified to the court by the referee with his report, and judgment can only be rendered by the court. On the hearingupon the…
2Cases cited1 opinion
- Goldner v. GoldnerAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by3 opinions
- Conklin v. ConklinAppellate Division of the Supreme Court of the State of New York · 1921
- Perkins v. PerkinsAppellate Division of the Supreme Court of the State of New York · 1909
- Ferguson v. FergusonAppellate Division of the Supreme Court of the State of New York · 1947