Burritt v. Burritt
New York Supreme Court
APPEAL from a judgment for the defendant, ordered by Mr. Justice Gould, in a cause tried before him without a jury, at the Rensselaer circuit in October, 1858. The action, as stated in the complaint, was brought to recover of the defendant the sum of $3900 and interest, for the support and maintenance of Julia Burritt, an infant daughter of the defendant, for several years; the allegation being that the defendant had placed the said Julia in the family of the plaintiff; and…
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APPEAL from a judgment for the defendant, ordered by Mr. Justice Gould, in a cause tried before him without a jury, at the Rensselaer circuit in October, 1858. The action, as stated in the complaint, was brought to recover of the defendant the sum of $3900 and interest, for the support and maintenance of Julia Burritt, an infant daughter of the defendant, for several years; the allegation being that the defendant had placed the said Julia in the family of the plaintiff; and that the defendant had wholly abandoned her, and neglected to provide for her, and that said Julia had no estate or…
1Opinion of the Court
By the Court, Hogeboom, J.
It is not necessary to discuss, the question whether the evidence in the case justified the finding of the judge on the facts. Neither party has excepted to such finding,, or sought to review it; and we must therefore assume the facts to be as declared by the court below.
It will be observed that the defendant has not been requested, nor has he refused, tp furnish the maintenance and support for which compensation is sought in this action; nor is there any evidence that he has abandoned the child, or refused to furnish her a competent support. It further appears that…
2Cases cited5 opinions
- Hewit v. PrimeNew York Supreme Court · 1839
- Finch v. FinchSupreme Court of Connecticut · 1852
- People ex rel. Nickerson v.New York Supreme Court · 1837
- Sargent v.New York Supreme Court · 1825
- Raymond v. LoylNew York Supreme Court · 1851
3Cited by8 opinions
- McKay v. McKayCalifornia Supreme Court · 1899
- Alvey v. HartwigCourt of Appeals of Maryland · 1907
- Fox v. HicksSupreme Court of Minnesota · 1900
- Demonet v. BurkartCourt of Appeals for the D.C. Circuit · 1904
- Chester v. ChesterMissouri Court of Appeals · 1885
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