LePage v. LePage
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Elzear LePage, from an order of the Supreme Court, made at the Monroe Special Term and entered in the office of the clerk of the county of Monroe on the 21st day of November, 1923, granting plaintiff’s ex parte motion to appoint a referee to inquire and report the amount of alimony which the defendant should reasonably be required to pay to the plaintiff, and also from an order entered in said clerk’s office on the 31st day of December, 1923, denying…
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Appeal by the defendant, Elzear LePage, from an order of the Supreme Court, made at the Monroe Special Term and entered in the office of the clerk of the county of Monroe on the 21st day of November, 1923, granting plaintiff’s ex parte motion to appoint a referee to inquire and report the amount of alimony which the defendant should reasonably be required to pay to the plaintiff, and also from an order entered in said clerk’s office on the 31st day of December, 1923, denying the defendant’s application to vacate and set aside said order of reference.
1Opinion of the Court
Hubbs, P. J.:
This action for a separation was tried at Special Term. At the close of the evidence the learned trial justice announced a decision in favor of the plaintiff, and stated: “I will hold this question of alimony; and if you two lawyers cannot agree upon it, on a proper showing I will order a reference to take proof, myself, as to what this man has.” The attorneys failed to agree upon the amount of alimony and the court, upon the ex parte application of the plaintiff, made an order of reference. An order to show cause was granted why the order of reference should not be vacated, and…
2Cases cited6 opinions
- Galusha v. . GalushaNew York Court of Appeals · 1893
- Forrest v. . ForrestNew York Court of Appeals · 1862
- Doyle v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1893
- Cooledge v. CooledgeNew York Court of Chancery · 1845
- Hauscheld v. HauscheldAppellate Division of the Supreme Court of the State of New York · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Johnstone v. JohnstoneNew York Supreme Court · 1927