Legal Opinion

Ward v. Ward

The Superior Court of New York City

Decided October 15, 1892Published

Motion to confirm referee’s report allowing alimony pende7ite lite. Action brought by Mary J. Ward against her husband-, Martin J. Ward, for a separation. The order of reference was as follows: “ It is ordered that D. Ira Baker, of the World Building, be appointed referee to determine whether any, and if so, what alimony and counsel fee ought to be. awarded to the plaintiff herein. The reference to proceed on two days’ notice.

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Motion to confirm referee’s report allowing alimony pende7ite lite. Action brought by Mary J. Ward against her husband-, Martin J. Ward, for a separation. The order of reference was as follows: “ It is ordered that D. Ira Baker, of the World Building, be appointed referee to determine whether any, and if so, what alimony and counsel fee ought to be. awarded to the plaintiff herein. The reference to proceed on two days’ notice. The referee to report the facts found, and his opinion thereon, with all convenient speed, with leave to plaintiff to bring on the motion on two days’ notice after the…

1Opinion of the CourtGildersleeve, J.

This is a motion to confirm a referee’s report. The referee was ordered to determine whether any, and, if any, what alimony and counsel fee ought to be awarded to the plaintiff herein, and to report the facts found and his opinion thereon. After all of the plaintiff’s testimony and a part of defendant’s evidence had been given, defendant took plaintiff’s default on plaintiff’s failure to appear on an adjourned day of the reference, and, on defendant’s motion, the referee declared the proceedings ended. The referee then proceeded to make his report, in pursuance of the directions contained in…

2Cases cited25 opinions

  1. Day v. WoodworthSupreme Court of the United States · 1852
  2. Kimberly v. ArmsSupreme Court of the United States · 1889
  3. Schuyler v. . SmithNew York Court of Appeals · 1873
  4. Furrer v. FerrisSupreme Court of the United States · 1892
  5. Marshall v. . MeechNew York Court of Appeals · 1872

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