Beadleston v. Beadleston — 19 N.Y. St. Rep. 763

Majority

p. 763

Alfred N. Beadleston, Resp’t, v. Mary E. Beadleston, App’lt.

(Supreme Court, General Term, First Department,

Filed November 24, 1888.)

Headnote

Appeal—Attorney and client—Reference of charges against attorney—Review after death of attorney.

In an action for divorce, an order referring certain charges against one of the attorneys, to a referee, will not, after the death of the attorney, he reviewed on appeal.

Appeal from a special term order directing the trial of the action to proceed from day to day, denying a motion for an open commission, and referring to a referee the matter of certain charges against one of the defendant’s attorneys.

Eugene D. Hawkins, for app’lt; Samuel Untermeyer, for resp’t.

The reversal of the judgment in this action, and the death of the attorney affected by the order sought to be reviewed, leave no practical question to be determined upon this appeal. The appeal will therefore be dismissed without costs.