Thorne v. Thorne

Smith, J.:

This action was brought for a divorce. The defendant counterclaimed for divorce against the plaintiff. The action was tried, resulting in a judgment sustaining the defendant’s counterclaim. The plaintiff, thereupon, made a motion for a new trial on newly-discovered evidence. Upon that motion a reference was had to a referee to take evidence and report. The reference was made upon condition that the plaintiff give a bond in the sum of $1,000 to pay the costs- of the reference. Such bond was given. The referee reported against a new trial, and the report was sustained by the Special…