White v. White
Appellate Division of the Supreme Court of the State of New York
Appeal by the'defendant, Henry White, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 15th day • of March, 1910, denying the defendant’s motion to refer the issues .herein to a new referee.
1Opinion of the Court
McLaughlin, J.:
Action for divorce. After issue had been joined a referee was appointed to hear and determine. He made a report in favor of the plaintiff and her -attorney moved to confirm the same. This was .opposed by the defendant’s attorney upon the ground, among others, that all of the evidence bearing upon defendant’s alleged -adultery 'consisted of depositions taken not by the referee, but by a person *273designated by him. The court refused to confirm the report and sent the matter back to the referee to again hear and determine. The defendant, by his attorney, opposed sending the matter…
2Cases cited2 opinions
- Perkins v. PerkinsAppellate Division of the Supreme Court of the State of New York · 1909
- McCready v. Farmers' Loan & Trust Co.New York Supreme Court · 1894