The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-12-21
THE FORREST DIVORCES CASE.

| Exceptions 10 the Referees Rrp
Cross Cause for Increased Altmony and
Appropriation fur Counsel Fess-in-
tos esttng AMdsvAts Of tho Parties Liti-
giant.
/ SUPERIOR COURr-sPEUIAL TEEN
/ Before Hon. Judge Woodruff
Dc 19-cathariae N. Forrest vs. Ei,cin Rrres - An
order was granted ON Friday last tho application Of
Mr. Forests counsel for painulf to show cause WY
thirty days should not be allowed the defendant
bill Of exceptions to the referees report
! Mr.. Van Buren, with whom Mr.. Jas. T. Brady is asso.
ciaed) in addressing tn, this mo ming Ia support
Of the order, said IN the OF Cahsr,ne NJ Forrcs,
against Ed win Forrest order made on the 2lth OF
July lSS6- was an order reversing the Judgment in
part which had been obtained the case AMI ordering
reference as 70 portion of the subject matter The
substance Of the order that it be referred to
Alvin c. Bradley, ESQ.,, to ascertain the amount Of
alimony which to be allowed the plaintiff, and
what security for the payment the defendant
| TO give also that the referee report the facts ad-
duced before him, and any objections TO proofs. &c
reference had the 10th OF June last ana report
has been made by the referee, which Is Ia court 1t
Is very voumnous. 1t filed December TO- 1852 and
Of any rule which required any action on the part
/ OF either party began " that day. On day
tho plaintiff served tho defendants counsel with Ice
simply Of the thing Of the report the cause ens no.
Van BUREN, applied 70 this Court stay Of proceed
ngs, with view to test that question, and get the 10
|
the rules Of the Coart 70 this He applied
Court ON an affidavit OF his own, which, If becomes
the word "may for "will in tho sentence q. viii be
come necessary and in another place; and he had
been served with notice from the other Of appIi
cation for an increase OF almony additional counsel
fees he thought he might as well bring the before
the Court SO that both motions might disposed OF
tue same time
The following is a copy OF the affidavit
oiy aid County IF Ne'o York, ss-John Van Bircu, OF
said city, Ding duly sworn, saysChat this is action
|
divorce OF the marriage contract bcISeen them ani
allowance for the support of the plaintiff in WHICH such
proceedings have been had that the 18th day Of jam
airy, 1882 verdict rendered u favor of painful
the material issues Joined in tho actou aud nng all
mony TO the plaintiff ut and after OF three
sand dollars year on which SAID verdict and judg
were entered on or about the Sst day OF January 1852
dissoying the mar rage contract between the plaintiff and
said defendant ant directing sad defendant pay tn
sad plaintiff IS 900 year from the commencement OF
th action and the costs Of said action tna an appeal
was taken by sad defendant from said judgment ex
ceptons To the decisions Of the justice who tried sld
ton, and rendered said Judgment which appeal the
court AZ General Term, after argument was han thereon,
affirmed said judgment far the same dissolved the
marriage contract between the SAID defendant and the
said plaintiff but reversed vacated aunuled the
! same and every part thereof alimony
was adjudged TO plaintiff, and, by an order
that be referred to Alvin Bradley Esquire counsellor
at law in the city Of New York; TO take proofs ascertain
and report to this Court the Of amony
be allowed TO the said plaintiff aud when the should
commence, as by referent TO said will fully
appear; that the hearing before referee com
day to DAY until the day of september last this
ponent is informed and believes that referee mad
his report, which filed the 10th day December
instant, in and by which report declared by
referee, amongst other things that the Of $4,000
annum would be suitable allowance to the plaintiff for
her support and that the should be payable from
the 10Th day Of November 1880 and should be secured
in the manner stated in said report and that Of the
sums Of money paid by said defendant TO said plaintiff
since the commencement Of said suit and pain
day Of July 1866, should be deducted from said ALLOW.
ance-as will appear by a reference which this deponen.
4 IN tht HpS u Tho
Court that exceptions taken various rulings OF the
referee during the tendency OF said reference and further
exceptions have been will be tax many the
sions OF fact and OF arrived at by SAID referee that
the said referee has reported all the evidence taken before
hm and all the decisions made by him in rejecting tesmo.
NY together with statement Of what he declares to be the
facts found by him and his opinion thereon and has
nexed to said report the exhibits produced before him
and proved on said hearing that the said report Of the
said referee Is extremely voumuous and this depouent
has not been able fully to examine the to obtain
copy thereof; that as this depouent believes, grave
errors Of law and of fact committed said referee
iii the progress and decision Of tho by said referee
and that great Injustice as this opponent believes, has
been done said defendant theren that is the wish and
intention Of the said defendant the accord
ing 10 the and practice Of this Court
sary, TO take the judgment of the Court of Appeals
thereon that for that purpose in the Judgment OF
deponent, it may be necessary prepare and a
bill of exceptions, which duty may dcvolve inly
upon this deponep that this depouent necessarily
absent country during considerable portion Of
SAID hearing and at the conclusion thereof, and that the
same conducted during his absence by Mr. james
Brady that tue engagements Of this deponent and of Mr.
Brady SUCH and the report to be revie we'd s vo
nous, that it will require, in the judgment OF this depo
nent at least thirty days to prepare and serve said case
sworn to before me this 18th day Of December 1859
J. B. WOODRUFF Justice Sup. Court.
Mr. Van Buren, Continued to say uponsthat ad wit his
Honor the Judge made an order Tor the plaintiff TO show
why the defendant should not be allowed thirty
days TO make and stay the procee Dgs in the
meantime The Court would that the show
cause was based on the AFFIDAVIT which he mr. Van
Buren, had just read. The only other reference nov
necessary to the order Of the Court 23i July last,
respecting the anony, and he had supposed 1t tue
time th. notice was given Tor stay Of proceedings that
any objection would be made UNDER CIRCUMSTANCES
without serving notice, the defendant entitled to
twenty days To morrow is tho last day Tor fling notices.
Mr.. Conor (wth whom associated Mr.. Chase ana
Mr. Gabrah) proposed read IL opposition to this
don the papers Shlch were prepare for the cross mo
ton, for increase OF alin,ony. II will the Court
much tme to hear ald dispose of the motion and
motion together.
Sir Van Rufen-The notice OF the application served
on me has hot the slightest applicability to my motion
The planlis motion is for increase OF almony and for
some thoosand dollars for counsel fees He Submitted
that that motion should Dot be granted and should
heard until the motion respecting the referees report
disposed Of The object Of the gentlemen the other
side in reading those papers and in eplistng assistant
COUNCIL 10 obtain tho sympathy Of newspaper editors
IN this case, and TO gain publication through the press
He objected to irrelevant and inammatory adtyits be-
ne read TO prejudice the mind the Court the present
OCCASION and perhaps so ne of the Judges at general
term, before whom this case may come Under all the
crcumstapces would be outrage the rights Of the
defendant and would involve the case in noxtrcabe
fusion.
Nc o'Conor said he was now here to make his motion
ara If the Court saii he shoad make it until the
other motion is disposed Of Of course he could but
the uniform practice is TO hear motion and motion
together The insnGation that any editor OF any
paper concerned in the prosecution was simply
true, 80 far as he Mr.. OConor acquainted with the
profession OF the parties. We have nothing 10 do with
newspaper articles, and so tar concerned
would ask that the aldavs be publshed
but as TO the AFFIDAVIT Of the learned counsel have
objection TO its being pubished-ndeed, would prefer
that This nterposton of the defendant is TO keep
the plaintiff out Of her subsistence. The defendant has
sworn TO procrastnate and keep her out Of her amony
and the counsel for the plaintiff have right ~ endeavor
to prevent that pfocrastnation, and to diminish the
grievances unoer which che Suffers The learned counsel
Dir. Van Burcn has charged the plaintiffs counsel with
endeavorng 10 prejudice the minds OF other
OF the judges OF this Court; that s obser walton that
should lot have been made. have selected any
particular Judge Court except upon occasion, when
objected 10 ths suit being commenced 10 Pennsylvania
thea selected The superior Court because ii moves with
greater rapidty than the supreme Court. 49,
Tho onrt said tere we're three questions before him
one, Whether he should TO the reading Of the pa
pers OF the plaut opposition TO this motion the second
whether he should hear the cross motion al the same