Roe v. Roe
New York Supreme Court
Motion for a new trial after a judgment entered upon the report of a referee, decreeing that the plaintiff and defendant lie .separated from lied and board, and directing a reference to determine as to’ plaintiff’s allowance for support and maintenance. The action was brought for a limited divorce, on the ground of cruel and inhuman treatment.
1Opinion of the Court
Gilbert, J.:
The point that the court erred in reserving the determination of the amendments to the plaintiff’s findings, was hardly worth taking. The findings actually made, no doubt, embody the decision of the judge, and the defendant had no right to have them amended at one time or another. If he desired additional findings, he should have presented requests for them, and have taken an exception to the refusal of any of such requests. (3 Wait’s Pr., 221, 222; People v. Alb. & Sus. R. Co., 57 Barb., 204, and note.) But the court is justified in refusing to find specific facts, unless they…
2Cases cited4 opinions
- Smith v. . Aetna Life Insurance Co.New York Court of Appeals · 1872
- Godfrey v. . MoserNew York Court of Appeals · 1876
- Hopper v. HopperNew York Court of Chancery · 1844
- Smith v. Ætna Life InsuranceNew York Supreme Court · 1871