The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-02-10
The Forrest Divorce Gaze.
SUPERIOR CoURT-SPECIAL TERN.
Before Hon. Judge MoucricK. sr

Fxp, 9-Forrest 49, E1ret-On the last occasion (the
9th that this was before the Court the plain
TINS counsel was about to bring on notion noticed
behalf OF the plaintiff TO confirm the report Of the referee
In her favor Tho defendants counsel objected the
cause being brought on, and moved to strike IL from
the calendar, on the ground that the defendant
had nled exceptions to he referees report, and
the pIainth was not in a condition 10 move
for the confirmation Of the referees report until
these exceptions had been disposed Of the pJe,ntNs
counsel that the exception could be disposed OF
on the hearing OF the motion to CONFIRM. g. - ram
Inc Judge took time 10 consider, and this morning an
Dounceo his decision. He promised by observing that
other cutes in Court had been so pressing that he had
he reasons Tor his opinion at LENGTH but he lad
the conclusion that according tho practice in the late
Court OF Chancery and as laid down in the books OF prac
cen aet Ardcn, Jobnson's Chancery Reports that the
plaintiff ought to be allowed bring motion TO con
nr the report and that such motion the exceptions could
be heard and disposed Of and he therefore denied the
DEFENDANT motion to strike the cause from the calendar
nj. 6Iaoy mem on behalf Of the defendant inquired
OF he court which party would DO allowed to open and
close the al gUment fe0Ut M, N - ~
Mr. OConor, for plaintiff said he thought it matter of
argued before judge whatever might be In jury trials
anu no would general as soon give away tho privilege
on their sscua jus, he considered they might as well ad
here to the well settled practice Of tho courts, and
INSIST on bis right to begin. The rule uniform,
ana without single exception, TO his knowledge,
before Walworh that exceptions aud hearing
on further directions together the party
moving for the hearing further directions always
opened and closed So the uniforn practice
for the plaintiff, whenever he had anything PROVE to
begin and close, notwithstanding that there were afna
tive issues Ter The defendant 10 prove here although
the det meant had EXCEPTIONS did not take away the
plaintiffs right to open and close any than the
case Of defendant having affirmative issues TO sustain
Mr.. Brady, for the defendant. answered An order
Of reference vas made. The reference was had and
tho referee has made his report. The report was
flied pursuant to rule SO, ana this OF isoT operated
as al order niSi that the report would be con.
III med rs OF course unless exceptions fled in due
tine. Exceptions were duly ied mott &C OF their fling
and OF bringing them to be heard had been served II
those exceptions were well taken, the referees report
must he Set aside and rehearing had and there would
be nothing TO move to confirms. The dsposng Of the ex,
ccptoLs in the first instance the most consistent
c0urfe.
Mr. Van Buren, for defendant referred the courto the
case Of Lawrence vs. Lawrence e Ia REPORTS 2G7
case IN which the Chancellor (Walworth had ordered
exceptions 10 report 10 be first hoard. fq.n o. ,.
Mr.. OConor-Thnt case reference 10 lx alimopy
pending the suit and not in point The defendant gets
all tho benefit Of his exceptions motion
firm. 10" fFsfSff10f Al nj
was then arranged to set the motion confirm down
Tor nearing on Monday, the 10th inst at which time the
Judge was to determine which party should aud
Close Counsel Tor Mrs. Forrest Messrs 0C,nor, Chase
and Gabraith For Mr.. Forrest, Messrs. Van Buren,,
Brady and Edmonds