Majority
p. 753Sarah A. Wanzor, Plt’ff, v. Moses G. Wanzor, Def’t. (New York Common Pleas, General Term, Filed June 3, 1889.)
Headnote
Appeal—When motion to argue case on stenographer’s minutes will, BE DENIED.An application to dispense with the rule requiring the case on appeal to he printed, and to allow the appeal in an action for divorce to he argued, on the stenographer’s minutes, will he denied where it appears hy the. papers that the parties are now living together, and the effect of the denial of the application will he to promote the reconciliation of the parties.
Motion for leave to argue the appeal from the decision of a referree, upon the stenographer’s minutes.
Benjamin Estes, for plt’ff; Hascall, Clark & Vanderpoel? for def’t.
The application for leave to argue the appeal upon the stenographer’s minutes, must be denied. To grant it would impose much additional labor upon the court, which we do not think the circumstances of the case-require.
The cruelty and inhuman treatment so laboriously presented by appellant’s counsel cannot be as great as he thinks, as the papers submitted show that the parties are now, and for sometime past have been living together, and it is probable a reconciliation may in this way be effected.
p. 754
This fact greatly strengthens the presumption ol the correctness of the referee’s decision in this matter, and is an additional reason why the appellent should print the case at her expense, if she desires to review the evidence.