Mitchell v. Mitchell

The .opinion of the court was delivered by

Parker, J.

1. At the outset, it is argued for the respondent on this appeal, defendant below, that the order appealed from, being-discretionary in its nature, is not appealable. Such is, of course, the general rule touching discretionary matters, but the present case is within one of the recognized exceptions to that rule. Cases in point are Watkinson v. Watkinson, 68 N. J. Eq. 632; Englehard v. Schroeder, 94 N. J. Eq. 778; In re Roberson, 95 N. J. Eq. 672.

We deem that the appeal is properly before us.

2. Appellant then urges that the procedure by…