Hungerford v. Hungerford
Appellate Division of the Supreme Court of the State of New York
Appeal from judgment on report of referee. Action by Charity Hungerford against Orrin Hungerford. From a judgment vacating and setting aside an agreement of separation made between the parties, who were husband and wife, on October 12, 1892, and for costs, defendant appeals. No case was made, but exceptions were filed to the finding of the referee on questions of law. Affirmed.
1Opinion of the CourtWard, 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 prior to the…
2Cases cited7 opinions
- Aldridge v. . AldridgeNew York Court of Appeals · 1890
- Shelthar v. GregoryNew York Supreme Court · 1829
- Whitney v. WhitneyAppellate Division of the Supreme Court of the State of New York · 1896
- Tallinger v. . MandevilleNew York Court of Appeals · 1889
- Whitney v. WhitneyNew York Supreme Court · 1895
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