Gade v. Gade
New York Supreme Court
Motion by defendant for confirmation of referee’s report, &c. Cross-motion by plaintiff for judgment, &c. The action was brought to obtain a separation or' limited divorce. The defendant made default in answering, and an order of reference was made, after hearing counsel for both parties, to take proofs of the allegations in the complaint, and directing that the referee report such proofs to the court with his opinion thereon.
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Motion by defendant for confirmation of referee’s report, &c. Cross-motion by plaintiff for judgment, &c. The action was brought to obtain a separation or' limited divorce. The defendant made default in answering, and an order of reference was made, after hearing counsel for both parties, to take proofs of the allegations in the complaint, and directing that the referee report such proofs to the court with his opinion thereon. Notwithstanding the fact that the defendant had interposed no answer, the reference seems to have proceeded before the referee, in the same manner as if an issue had…
1Opinion of the CourtLawrence, J.
Upon the argument, the counsel for the defendant insisted that inasmuch as no exceptions had been filed to the referee’s report, within eight days after the notice of filing therof, the same became absolute and stood as in all things confirmed, under rule 30 of this court. The plaintiff insists that *512as the reference was not to hear and determine, but simply to take proofs and to report the same, with'the referee’s opinion thereon, the filing of exceptions in sncli a case is unnecessary. The plaintiff relies upon the matter of Attorney General v. Continental Life Ins. Co. (64 How. Pr. 93), and…
2Cases cited3 opinions
- Attorney-General v. Continental Life InsuranceNew York Supreme Court · 1882
- Sheldon v. WoodThe Superior Court of New York City · 1857
- Bortle v. MellenNew York Supreme Court · 1862
3Cited by2 opinions
- Third Nat. Bank v. CornesNew York Supreme Court · 1889
- Ward v. WardThe Superior Court of New York City · 1892