Burke v. Burpo
New York Supreme Court
Appeal from court of sessions, Westchester county. Bastardy proceeding by Thomas J. Burke, as overseer of the poor of the town of New Rochelle, against Peter Burpo. From an order of the court of sessions affirming an order of filiation and maintenance against defendant, made by two magistrates of the town, defendant appeals. Reversed.
1Opinion of the CourtPratt, J.
This is a bastardy proceeding brought by appeal from the judgment and order of the court of sessions qf Westchester county affirming an order of filiation and maintenance made against the defendant by two magistrates of the town of New Rochelle. The child in controversy was born on the 8th of January, 1893. Assuming the child was carried the full time, which is 280 days, (as to which there is no proof to the contrary,) conception must have *685taken place on the 3d or 4th. of April, 1892. The girl, mother of the child, fixes the time of the intercourse in the first part of April, 1892; says it…
2Cited by21 opinions
- Drummond v. DolanAppellate Division of the Supreme Court of the State of New York · 1913
- Commissioner of Public Welfare v. KotelAppellate Division of the Supreme Court of the State of New York · 1939
- Piccola v. HibbardAppellate Division of the Supreme Court of the State of New York · 1976
- Martin v. LaneNew York City Family Court · 1968
- Hawthorne v. Edward S.Appellate Division of the Supreme Court of the State of New York · 1969
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