Carney v. Carney

McCLELLAND, J.,

A complaint in divorce, answer and counterclaim were filed in this case.

Finally, defendant filed a “motion for the Master and/or court to determine all rights of parties under new divorce code prior to granting divorce.”

*750Apparently, the parties have lived separate and apart over three years and the marriage is irretrievably broken so a divorce is in order, but the master refused to consider property claims, support and allied matters at the hearing.

The narrow issue raised by defendant’s motion is whether the master was justified in refusing to take evidence respecting…