Ferguson v. Ferguson

Appeal from an order denying motion of plaintiff to confirm the report of an official referee in an action to annul a marriage, and for an interlocutory judgment in accordance therewith. Order reversed on the law and facts, without costs, the motion granted, and an interlocutory judgment of annulment is directed to be entered, without costs: The findings of the official referee are affirmed. The plaintiff’s proof was not incredible as a matter of law. The undisputed proof, if believed, constituted a prima facie case. The trier of the facts believed the testimony, and his findings may not be…