New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-01-28
The Forrest Divorce Case.

SUPERIOR COURT.-SpecU IefW.-De-
fore Judge Oakley siharine " Forrest against Ed
ain Forrest-The exceptions as TO points of trial
and bill OF question came up this forenoon
Mr.. OConor and Mr.. Van Buren, appearing, and
M Forrest present Mr.. OConor said, Judgment IN
such cases is made in Special Term and appeal can
be made to the General Term. The opposite party
wish 10 present exceptions, TO which we have no OBJ
ections, judgment being entered, they are entitled
to ten days in which to present them. We desire
TO move for judgment and do so promptly, as the re-
lation in which the parties stand makes 1t proper to
be done as early as possible.
We Therefore move for judgment, dissolvins the
marriage contract, the finding of the Jury Inc
leading point Is as TO the question OF allmony.
Until the law OF 1885, the Jury could have no cog
nizance OF almony When this bill was hled the
matter lay with the Court, with power to send an
issue for trial to Jury. Since then the case has
been altered and divorces thrown into the classical
ton OF cases to be tired By Jury, and to include all
cases then pending.
In new cases OF this description it is impossible
to say what views may be taken by Court OF last
resort but this being matter of legislation, saw
no reason except divorce from others as TO the
new Law They had previously been sent TO Jury,
where contested and the only thing chargeds as to
alimony | saw no safe ground on which % come
TO the conclusion tina, amony did not belong TO the
Jury, 10 pass upon, and urge that the verdict OF
the jury to that effect, unless disapproved BY your
Honor, is controlling As to what has been said
about the custody of children in divorce suits, that
is a differ ent matter and not belonging to jury,
and is not AT argument that can With prOprety be
urged rgalnst the present proceeding. | think the
Jury have done right, and as doubt exists, yoaI
Honor Will consider 1t and move your Honor
Judge and Chancellor to consider the subject, and
make your own judgment part OF the decree. Your
| Honor viii modify II as you please do not want
you to modify II BY mere asing IT, as there ctr
CumstaIces more important TO this lady than mere
money-but ask you not 10 decrease II, Something
has been sad about Il being proper matter for ref
eIence but We do not ask for better referee than
your Honor, and ask You to take the question into
consc eIation based upon the proof as 10 value OF
| property which has been shown. Then the ques-
! non IS II the allowance VIII be nom the present
| lms or fIoin the l9th OF November, 1870. when
| this suit was commenced. Mr. OConor cited
% show mat the latter should be the rule and
asked tina. he Court Will allow $4,000 year from
! that time, deductlng the $500 year which mas
| been paid.
Then as TO expenses OF litigation. the Court has
power 70 make an order IN regard to that |, is said
| that reference would be proper be ore taxing
ohcer, but " hat has been done has been mostly be-
| fore your HOaor-a considerable time has been oc-
| cupled, and witnesses have been brought. Your
| Honor IS an expert, and knows what would be
proper compensation to Mrs. Forrest for her Ell
| penses.
Mr. Van b. replied He said he desired time TO
move to make a case or buI of exceptons-and for a
stay Of pIoce edings till the exceptions have been
| gued Mr.. O'C. said he had no objections to thai.
Nj Van B. SAID he would like to have order that
al proceedings be stayed - days TO enable defen-
Code points ouI the mode But that is not the course
| propose to pursue-the many questions that have
come mp, and the great time occupied IN the trial rem
Ger Il necessary to have more time. We desire 70
review the decisions and results and review them in
blll of exceptions. Many new points come up and
the decisions proper for review which we shall
make IN good faith, and II Is In the discretion of the
| Court 20 grantume.
We object TO the Court passing upon alim,ny as
lsrefeTee, Judge, Chancellor or Court II they
| finding Of the Jury.
In this case, at certain stage OF the cause the
counsel wished 10 give testimony as - almony-We
objected to IT, the Court allowed IL, and excepted.
no testimony was given IN regard 70 Il by the de-
iebcant, sId not a word said by his counsel The
jury passed upon t. and if il is regula, the Court
VIII sustain Il II not. the reverse. This Is ofrhe
exceptions We wish 10 present
As to rendering up judgment, il would not neces-
ssrIly be done IN common case Of debt or con-
tract and should not De in divorce. II judgment
Is entered UP, Mrs. Forrest will be al liberty to mar
n again tomorrow, and it Is evident until the case
has been reviewed judgment should not be al
lowed
Then as to alimOny--it Is different before the case
has been heard and sfter~srd. The parties seoa-
rAieo oY consent and an allowance has been made
and PAID By one ofthe parties to the other and 10
OBJECTION ever taken TAT II mas not been sufficient
Va cOhiiit>e1rh - ~ anna iONer,
Judge Duer alluded 70 the subject OF allowance and
thought 500 ayesr, regard being had 10 his for
tune anc Der wants. was ample and liberal ALLOW.
ance, ard sufficient, II addition, 70 enable her 20
carry On the ssnt II, hereafter the amour, should
De fonnc intcHciert Il may be increased When a
proper Application is nate FOR increase. We should
oe hearc and also as 70 expenses Of litigation II is
proper that they take the usual courss-state sher
expenses AND let Us De heard IT regard 10 them
A Judgment IN this case, with right OF review
would oe Ike giving review 20 q person and yes
proceeding TO execution.
MT van susgegted that Judgment be STAYED 70
abide the result Of the review on The nsnsi ,s,ms
II required, We can give, 10 ABIDE II, the ne essay
sSfuF1fV