Morrell v. Morrell
New York Supreme Court
In Equity. This case comes before the court upon exceptions taken by the defendant to a master’s report, in relation to certain amendments proposed by him to a feigned issue; and upon a motion by him to amend the order of reference. The plaintiff filed his bill against the defendant, for a divorce, on the ground of adultery. In her answer, the defendant wholly denied the allegations in the bill, and set up, as a defence, the adultery of the complainant.
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In Equity. This case comes before the court upon exceptions taken by the defendant to a master’s report, in relation to certain amendments proposed by him to a feigned issue; and upon a motion by him to amend the order of reference. The plaintiff filed his bill against the defendant, for a divorce, on the ground of adultery. In her answer, the defendant wholly denied the allegations in the bill, and set up, as a defence, the adultery of the complainant. A feigned issue was drawn up, and various amendments thereto proposed on the part of the defendant. And an order was made, referring it to a…
1Opinion of the CourtEdwards, J.
There are two questions presented for my decision. The first arises upon the motion to amend the order of reference to the master, and the second upon the exceptions to the master’s report. Upon the first motion there was a question raised as to regularity. With the view that I have taken of the subject, it will not be necessary for me to consider that question.
The objection which is made to the order of reference is, that in that part of the order which refers to the framing of issues, upon the recriminatory part of the answer, the issues were directed to be made up for the purpose of…
2Cases cited3 opinions
- Wood v. WoodNew York Court of Chancery · 1830
- Smith v. SmithNew York Court of Chancery · 1834
- Ferguson v. FergusonNew York Court of Chancery · 1846
3Cited by5 opinions
- Mitchell v. . MitchellNew York Court of Appeals · 1875
- Ryan v. RyanNew York Supreme Court · 1928
- Kamrowski v. KamrowskiNew York Supreme Court · 1923
- Miller v. MillerNew York Supreme Court · 1872
- Storms v. StormsNew Jersey Court of Chancery · 1906