Ross v. Ross
New York Supreme Court
Appeal from ai order made at a Special Term denying a motion to confirm the report of a referee and vacating an order of reference and directing that the action be restored to the calendar for trial, and also from an order denying a motion to resettle this order.
1Opinion of the Court
Dtkman, J.:
This Is an action by a wife against her husband for the procurement of an absolute divorce on the ground of his adultery. The action was, by consent, referred to a referee for hearing and determination, and the cause was tried before him, and he made and filed his report in favor of the plaintiff. After that, and before any motion for confirmation of the report or a judgment thereon, the defendant made a motion to the court to i’eopen the case foi' the purpose of introducing on his behalf additional evidence alleged to have been newly discovered. That motion was granted on…
2Cases cited2 opinions
- United States v. NickersonSupreme Court of the United States · 1855
- Devlin v. MayorNew York Court of Common Pleas · 1876