Conger v. . Conger

This is an action for a divorce, on the ground of adultery. It was tried before a referee, and he reported in favor of the defendant, and judgment was entered upon ■ such report at Special Term. From that judgment the plaintiff appealed to the General Term of the Supreme Court, and there the judgment was reversed, upon questions of fact, and a new trial was ordered. The defendant then appealed to this court giving stipulation for judgment absolute in case of affirmance of the order. This motion is now made to dismiss the appeal, on the ground that in a case like this, an appeal from such an…