McCleary v. McCleary
New York Supreme Court
Appeal by the plaintiff from an order denying a motion to confirm the report of a'referee, and for a judgment thereon in an action for divorce upon the ground of adultery.
1Opinion of the Court
Learned, P. J.:
The learned justice from whose order an appeal is taken, in a very careful and able opinion, has shown clearly, that when issues are joined in an action for a divorce and, by the consent of parties, the court, in its discretion grants a reference, this is a reference to hear *155and decide tbe issues, and is not merely a reference to take evidence and report tbe same witb bis opinion. "With that conclusion we fully agree.* When issues are joined tbey are to be tried, not merely reported upon. Probably no doubt would have ever arisen on a question so plain if it bad not been for tbe…
2Cases cited8 opinions
- Pollock v. . PollockNew York Court of Appeals · 1877
- Yates v. RussellCourt for the Trial of Impeachments and Correction of Errors · 1820
- Peugnet v. PhelpsNew York Supreme Court · 1867
- Van Epps v. Van EppsNew York Supreme Court · 1848
- Jones v. CuylerNew York Supreme Court · 1853
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