Sweet v. Overseers of the Poor of Clinton
New York Supreme Court
THIS cause came before the court on a return to a certiorari from the court of general sessions in Dutchess ° . county. An appeal had been made to the sessions, from an order of bastardy made by two justices of the peace.
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THIS cause came before the court on a return to a certiorari from the court of general sessions in Dutchess ° . county. An appeal had been made to the sessions, from an order of bastardy made by two justices of the peace. Upon the traverse to the appeal, it was contended, on the r , , „ , , , i part or the appellant, that the overseers ought to proceed to establish the order by proof; that the subject ought J 1 _ J ° to be examined in the same manner, as it had been before the justices, who granted the order, and that the overseers ought to call the mother of the child, on whose oath the…
1Opinion of the CourtThompson, J.
This case is brought up by certiorari from the court of sessions in Dutchess county. It came before the sessions by appeal, on an order of bastardy, made by two justices of the peace, and the question presented to this court is, whether, on such appeal, the order of the justices ought to have been received by the sessions as prima facie evidence, and to be impeached by the appellant, or whether the sessions are to take up the examination de novo, as if no order had been made. We have not been able, from an examination of the cases cited on the argument, to find that the question has ever…
2Cited by3 opinions
- Dally v. Overseers of WoodbridgeSupreme Court of New Jersey · 1848
- Hunt v. SingerNew York Court of Common Pleas · 1862
- Overseers of the Poor v. Oversees of the PoorNew York Supreme Court · 1824