Pratt v. Pratt
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Maggie Pratt, by Peter Andreoli, her guardian ad litem, 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 4th day of February, 1-896, denying her motion, for. leave to. enter judgment in the action upon the report of a referee; also from ah order entered in said clerk’s office on the 3d day of February, 1896, vacating so much of an order of reference as…
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Appeal by the plaintiff, Maggie Pratt, by Peter Andreoli, her guardian ad litem, 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 4th day of February, 1-896, denying her motion, for. leave to. enter judgment in the action upon the report of a referee; also from ah order entered in said clerk’s office on the 3d day of February, 1896, vacating so much of an order of reference as appointed the referee therein named, and appointing a new referee to hear and determine the action. This action was brought…
1Opinion of the Court
Barrett, J.:
TJpon the 26th day of April, 1895, the parties here agreed upon a referee, and the court thereupon appointed the referee so agreed upon. This was a direct- violation of the mandates of the Code of Civil Procedure and of the General Rules of Practice. Section 1012 of the Code provides that when a reference is granted in an action to annul a marriage, or for a- divorce or a separation, the court must *535designate the referee. Rule 73 of the General Rules of Practice then provided, as rule 72 now provides, that in such actions the court “ shall in no case order the reference to a…
2Cited by7 opinions
- Willard v. WillardAppellate Division of the Supreme Court of the State of New York · 1920
- Boyer v. BoyerAppellate Division of the Supreme Court of the State of New York · 1908
- Bolognino v. BologninoNew York Supreme Court · 1930
- Dusch v. DuschNew York Supreme Court · 1938
- Fallon v. Egberts Woolen Mill Co.New York Supreme Court · 1898
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