Supreme Court- Appellate Division

Supreme Court- Appellate Division

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1904 edition. Excerpt: ...of the order, instead of resorting to the paper itself, was an error. (6) The defendant himself admitted (fols. 29, 30) "that the proceeding is now pending before the said referee to determine the amount of defendant's income and the amount of alimony to be paid to the plaintiff in future.' And although at fol. 82 his affidavit mentions the reference as if also a reference "to determine whether he shall be adjudged in arrears" he does not allege this otherwise than as his inference or as a part of his reasoning or argument; for the mention is not an allegation, but is made indirectly, being introduced with a "because." Since the order was really one of "all the papers and proceedings herein," and, as such, was one of those upon which the order to show cause herein was granted (fol. 4), although not reproduced in extenso in the motion papers, we here insert it (pp. 23, 24) in order to rebut any presumption that the court below may have examined it or may, if indeed examining it, have put upon it a just construction. On one of the eppies of this brief furnished to the court.will lie found, at p. 24, an original of the certificates of the clerk to the correctness of the copy of the order. The material part of this order, under which the reference alluded to by the court below is being held, is as follows: "Ordered, that Algernon S. Norton, Esq., "counsellor-at-law in the City of.New York, "be appointed referee to take proof of the "facts relating to the pecuniary circnmstan"ces of the parties, and to report to the "court with his opinion thereon." Now the order simply contemplated a possibility of the current alimony being found too large to be continued in future, and, more

Product details

  • Paperback | 214 pages
  • 189 x 246 x 11mm | 390g
  • United States
  • English
  • black & white illustrations
  • 1236900642
  • 9781236900647