#5 Discount Case of Catharine N. Forest, Plaintiff, Against Edwin Forrest, Defendant; Containing the Record in the Superior Court of the City of New York, the ... in the Court of Appeals and the Judgment of

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1863. Excerpt: ... The defendant can review here only the 24 exceptions submitted to the General Term. (fo. 3496.) They are examined in the opinion, (fo. 3500 to 3711.) When this action was commenced, Mrs. Forrest was living apart from her husband, by his command, on an allowance of 00 per annum, (fo. 1897, 1898, 203.) This had been very grudgingly conceded to her. (fo. 593, 595, 665 to 667, 704 to 716-1159, 1171.) And, consequently, she did not apply for counsel fees or expenses. From the time of the verdict, he discontinued this allowance, and by security on his appeal, stayed execution for the alimony, (fo. 3138, 1930 to 1932.) This left her to starve, beg, or earn a subsistence by her own labor. For the latter purpose she made a journey to California and thence to Australia. She went thence to England on a visit to her mother, and returned to N. Y. in December, 1858. (fo. 1896 to 1900.) This caused a delay in the motion for alimony until May 25, 1859. (fo. 1841.) She then set in motion the proceedings to recover alimony, and Mr. Forrest, who had lain still about three years, instantly adopted measures to resist and delay them. This brings us to the second stage in the litigation. June 1, 1859, Mr. Forrest moved at Special Term for a commission to California for the examination of 74 witnesses and as many more as he might think fit. (fo. 1836-1856-1864.) The alleged object was to obtain testimony reflecting upon the morals of Mrs. Forrest subsequently to the divorce and whilst she resided in that State, to be used before the referee on the question of alimony, (fo. 1837 to 1895.) A stay of proceedings was also asked for. (fo. 1864.) On this motion there were read first, Mr. Forrest's bill of exceptions containing his former effort to impeach her in the Superior Court ...
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