Colwell v. Colwell

Appellate Division of the Supreme Court of the State of New York

Decided February 15, 1897

Appellate Division of the Supreme Court of the State of New York · decided 1897-02-15

Appeal by the' defendant, Genevieve R. Colwell, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the. clerk of the county of if ew-York on the 30th day of June, 1896, upon the report of a referee. ■

Decided 1897-02-15

Patterson, J. (dissenting):

¶1I dissent. Notwithstanding the erroneous rulings, and independently of the testimony affected by them, there was other competent and convincing evidence of the guilt of the defendant.

¶2The judgment should be affirmed.

¶3Judgment reversed, with costs to appellant to abide event, and new trial ordered before another referee to be appointed upon the entry of the order hereon.