Winans v. . Winans
New York Court of Appeals
Appeal from judgment of the G-eneral Term of the Superior ■Court of the city of New York, entered upon an order made Hay 2, 1887, which affirmed a judgment in favor of defendant entered upon the report of a referee and affirmed an order of Special Term denying a motion for leave to discontinue the action without payment of costs or allowance, or on such terms as the court should impose. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the G-eneral Term of the Superior ■Court of the city of New York, entered upon an order made Hay 2, 1887, which affirmed a judgment in favor of defendant entered upon the report of a referee and affirmed an order of Special Term denying a motion for leave to discontinue the action without payment of costs or allowance, or on such terms as the court should impose. The nature of the action and the facts, so far as material, are stated in the opinion. With respect to the motion to discontinue the action plaintiff has waived nothing by proceeding before the referee as she…
1Opinion of the CourtParker, J.
The complaint averred that the parties inter-
married on or about the 31st day of May, 1811, at the city of Hew York; that subsequently the defendant committed adultery, and demanded judgment that the bonds of matrimony between them be dissolved and plaintiff be awarded alimony and costs of the action. The answer put in issue both the averments of marriage and adultery.
Subsequently, issues were duly prepared and settled for trial by jury, but before the cause was reached upon the calendar, the parties stipulated that it be referred. The court, approving of such action, designated by order a…
2Cases cited4 opinions
- Matter of Petition of ButlerNew York Court of Appeals · 1886
- Carleton v. . DarcyNew York Court of Appeals · 1878
- Cockle v. UnderwoodThe Superior Court of New York City · 1854
- Van Alen v. SchermerhornNew York Supreme Court · 1856
3Cited by68 opinions
- Valladares v. ValladaresAppellate Division of the Supreme Court of the State of New York · 1981
- State ex rel. City of Milwaukee v. LudwigWisconsin Supreme Court · 1900
- Glass v. ThompsonAppellate Division of the Supreme Court of the State of New York · 1976
- In re RichAppellate Division of the Supreme Court of the State of New York · 1938
- Reisch & Klar v. SadofskyAppellate Division of the Supreme Court of the State of New York · 1980
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