Williams v. Williams

Judgment reversed on the law and facts, without costs, and a new trial granted.. Memorandum: In the memorandum and decision subscribed by him, the learned official referee found and decided that neither the plaintiff nor the defendant was entitled to a separation and he dismissed both the complaint and the counterclaim. Having dismissed the complaint, the referee had no power or jurisdiction to direct the defendant to pay to the plaintiff the sum of thirty-five dollars per month for her support. (Neville v. Neville, 260 App. Div. 902.) In the findings of fact made after the decision had been…