Forrest v. Forrest
The Superior Court of New York City
Motion for a commission to take testimony, and appeal from an order denying the same. This action was by wife against husband, for a divorce. The divorce having been granted, the defendant, on his own petition, with certain affidavits annexed, and upon the pleadings and proceedings theretofore had in the case, now moved for a commission to take testimony in California, to be used on a reference pending before Alvin C. Bradley, Esq., to determine the amount of,alimony.
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Motion for a commission to take testimony, and appeal from an order denying the same. This action was by wife against husband, for a divorce. The divorce having been granted, the defendant, on his own petition, with certain affidavits annexed, and upon the pleadings and proceedings theretofore had in the case, now moved for a commission to take testimony in California, to be used on a reference pending before Alvin C. Bradley, Esq., to determine the amount of,alimony. The motion was denied by Woodruff, J., at special term; and, on appeal, the general term affirmed the denial. The course of…
1Opinion of the Court
By the Court.†—Bosworth, Ch. J.
The opinion of the judge who made the order appealed from, assigns three substantial grounds in support of the order.
*3081. That the defendant has been guilty of laches in not moving for a commission at an earlier day.
2. That a commission, in the form of the one sought, should not be granted, even if the court has the power in extraordinary cases to award it.
3. That the facts sought to be proved by means of the commission, are not proper to be given in evidence on the reference.
The appellant insists, First. That he has not been guilty of any delay, which should…
2Cited by5 opinions
- Davison v. DavisonSupreme Court of Kansas · 1928
- Williams v. WilliamsTennessee Supreme Court · 1921
- Lister v. ListerNew Jersey Court of Chancery · 1882
- Lishey v. LisheyCourt of Appeals of Tennessee · 1873
- Waddey v. WaddeyNew York Court of Appeals · 1943