Jones v. Jones — 1 N.Y. St. Rep. 759

Majority

p. 759

OLIVER L. JONES, Appellant, v. LILLIAN L. JONES, Respondent.

Headnote

Reference—By consent.

Appeal from order of the special term, referring issues, etc.

J. P. Albright, for appellant.

B. 8. Ilatch, for respondent.

The order of reference of all the issues in this action having been consented to, we think that that is conclusive of the appeal, inasmuch as what may be regarded as the subordinate matters expressed in the order were necessarily embraced within the consent of the parties, and, if not, were certainly within the discretion of the court, which was properly exercised and embraced within the subsequent provisions of the order.

Order affirmed, with ten dollars costs and disbursements.