People ex rel. Board of Police & Excise Commissioners v. Shulman
Appellate Division of the Supreme Court of the State of New York
Appeal by Katherine Maier from an order of the County Court of the county of Chautauqua, entered in the office of the cleric of the county of Chautauqua on the 2d day of March, 1896, denying her motion to compel the magistrates to return to the County Court of Chautauqua county the proceedings had by them in this prosecution.
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Appeal by Katherine Maier from an order of the County Court of the county of Chautauqua, entered in the office of the cleric of the county of Chautauqua on the 2d day of March, 1896, denying her motion to compel the magistrates to return to the County Court of Chautauqua county the proceedings had by them in this prosecution. Since May 24, 1895, the poor of the town and city of Dunkirk have been supported by that municipality, and all the powers and duties of overseers of the poor of towns have been imposed on and vested in “ The Board of Police and Excise ” of the town and city of Dunkirk.…
1Opinion of the Court
Follett, J.:
At common law the father was under no legal liability to support his bastard child, and the liability which he is now under was created and exists solely by virtue of the statutes. (Moncrief v. Ely, 19 Wend. 405; Birdsall v. Edgerton, 25 id. 619 ; Todd v. Weber, 95 N. Y. 181,189 ; 1 Burn’s Justice [13th ed.], 407.) The mother has no power at common law, or under the statutes of this State, to compel the father to support her during confinement, or to support the *517child after its birth. (2 Kent’s Com. [13th ed.] 215.) The proceedings authorized by our statutes are solely for the…
2Cases cited5 opinions
- Todd v. . WeberNew York Court of Appeals · 1884
- Moncrief v. ElyNew York Supreme Court · 1838
- Stowell v. OverseersNew York Supreme Court · 1847
- Sprague v. EcclestonNew York Supreme Court · 1869
- Wallsworth v. M'CulloughNew York Supreme Court · 1813
3Cited by7 opinions
- State v. SaxSupreme Court of Minnesota · 1950
- Claim of Grillo v. Sherman-Stalter Co.Appellate Division of the Supreme Court of the State of New York · 1921
- Flint v. PierceNew York Supreme Court · 1912
- Schnurr v. QuinnAppellate Division of the Supreme Court of the State of New York · 1903
- Mayor of New York v. CeliaAppellate Terms of the Supreme Court of New York · 1898
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