Matthews v. Matthews
New York Supreme Court
Appeal from special term, Washington county. Action for divorce by John W. Matthews against Zoe L. Matthews. Judgment, for plaintiff. Defendant appeals. Code Civil Proc. IT. Y. § 1229, pro- vides that, where a reference is made in a divorce suit, judgment cannot be taken as of course on the referee’s report, but must be rendered by the court.
1Opinion of the CourtLearned, P. J.
This an action for divorce on the ground of adultery. The answer denies the adultery of defendant, and avers adultery of plaintiff; also denies that plaintiff has not voluntarily cohabited with defendant since the discovery. A supplemental answer sets up that the plaintiff has condoned the alleged adultery. Another supplemental answer sets up another instance of adultery on plaintiff’s part. The allegations of' the answers are denied in replies. On the stipulation of the parties an order was made appointing a referee, “ with power to take the testimony, and report the same, with his findings…
2Cases cited3 opinions
- The People v. . ColeNew York Court of Appeals · 1871
- Young v. . HeermansNew York Court of Appeals · 1876
- Price v. WilsonNew York Supreme Court · 1873
3Cited by9 opinions
- St. Charles Savings Bank v. DenkeeSupreme Court of Missouri · 1918
- Huntley v. HuntleyNew York Supreme Court · 1893
- Goldner v. GoldnerAppellate Division of the Supreme Court of the State of New York · 1900
- Ryerson v. RyersonNew York Supreme Court · 1889
- Phillips v. PhillipsNew York Supreme Court · 1898
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