Fisher v. Fisher

The order appealed from by the plaintiff refused confirmation of a referee’s report filed in a separation action, finding for plaintiff.

The ground upon which the refusal to confirm was made was that the referee became disqualified because he asked that his fee should be paid upon the filing of briefs instead of upon completion and delivery of his report.. The court at Special Term did not pass upon the merits of the report as to whether it was contrary to law or-contrary to the evidence, but contented itself with setting aside the report on the ground mentioned.

It has often been ruled that a…