Hungerford v. Hungerford
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Orrin Hnngerford, from a judgment-of the Supreme Court in favor of the plaintiff, entered in the office of the clerk' of the county of Jefferson on the 2d day of' November, 1896, ujpon the report of .a referee vacating and setting-, aside an agreemerit of separation made between the parties, who-were husband and Wife, on the 12th of October, 1.892, and for costs.
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Appeal by the defendant, Orrin Hnngerford, from a judgment-of the Supreme Court in favor of the plaintiff, entered in the office of the clerk' of the county of Jefferson on the 2d day of' November, 1896, ujpon the report of .a referee vacating and setting-, aside an agreemerit of separation made between the parties, who-were husband and Wife, on the 12th of October, 1.892, and for costs. No case has been made, but exceptions were filed to the finding of the referee upon questions of law, and the appeal was heard upon these exceptions an:d upon the judgment roll. The facts are stated, in the…
1Opinion of the Court
Ward, J. :
The appellant seeks to reverse this judgment upon the facts found by the referee and appearing in the judgment roll. The evidence taken before the referee is not before us, and the question for our consideration is as to whether the judgment should be sustained upon the admission in the pleadings and the findings of the referee. In determining this question we treat the findings as established facts in the case. . ' '
The referee found that the parties were husband and wife; that they were married in 1883, and continued to live together as husband and wife until. October, 1892; that…
2Cases cited4 opinions
- Aldridge v. . AldridgeNew York Court of Appeals · 1890
- Whitney v. WhitneyAppellate Division of the Supreme Court of the State of New York · 1896
- Tallinger v. . MandevilleNew York Court of Appeals · 1889
- Gibert v. GibertNew York Court of Common Pleas · 1893
3Cited by2 opinions
- Poillon v. PoillonNew York Supreme Court · 1899
- Taylor v. TaylorNew York Supreme Court · 1900