Overseers of the Poor v. Overseers of the Poor
New York Supreme Court
TWO justices of thepeacé of the .town oí Taghkanac, in the county of Columbia, had made an order for the removal of Eh- • zabeth Heydon and her four children, paupers, from that town to the city of Hudson. From this order the overseers of the poor of the city of Hudson appealed to the court of general sessions of the peace ef the county Of Columbia, which, at its session in May, 1814, confirmed the order of the justices.
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TWO justices of thepeacé of the .town oí Taghkanac, in the county of Columbia, had made an order for the removal of Eh- • zabeth Heydon and her four children, paupers, from that town to the city of Hudson. From this order the overseers of the poor of the city of Hudson appealed to the court of general sessions of the peace ef the county Of Columbia, which, at its session in May, 1814, confirmed the order of the justices. From the return to certiorari to'the court of sessions, the following facts appeared: About forty years ago, one Cabreen Race, an inhabitant of the town of Livingston, in the…
1Opinion of the CourtYates, J.
If the return had stated that Gatreen Race, a white woman, had been delivered of a mulatto child, instead of a black child, there could be no question on the subject of illegitimacy,' because it would have' appeared impossible for Adam Hey don, a white man, to have been the father; and the.law, in such case, would pronounce the Child a bastard ; the presumption in favour of its legitimacy, being destroyed by satisfactory proof rendering it impossible, to be the husband’s child, (1 Roll, Abr. 358.) Though the description of the child is not as definite as it might have been, yet, I am inclined…
2Cited by5 opinions
- Cockran v. StateSupreme Court of Alabama · 1871
- Overseers of Poor of Owasco v. Overseers of Poor of OswegatchieNew York Supreme Court · 1826
- Dowd v. . DavisSupreme Court of North Carolina · 1833
- Overseers of Bloomfield v. Overseers of AcquackanunckSupreme Court of New Jersey · 1826
- Overseers of the Poor of Hamilton v. Overseers of the Poor of EatonNew York Supreme Court · 1827