Legal Opinion

Myers v. Myers

Appellate Division of the Supreme Court of the State of New York

Decided May 27, 1921PublishedCited by 5 opinions

Appeal by the plaintiff, David W. Myers, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 14th day of December, 1920, as resettled by an order entered in said clerk's office on the 30th day of December, 1920, dismissing the complaint on defendant’s motion for judgment on the pleadings consisting of the complaint and answer, and also from the judgment dismissing the complaint entered…

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Appeal by the plaintiff, David W. Myers, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 14th day of December, 1920, as resettled by an order entered in said clerk's office on the 30th day of December, 1920, dismissing the complaint on defendant’s motion for judgment on the pleadings consisting of the complaint and answer, and also from the judgment dismissing the complaint entered in the office of the clerk of said court on the 30th day of December, 1920.

1Opinion of the Court

Laughlin, J.:

This is an action brought for the annulment of two orders for the adoption of the defendant, who is plaintiff’s child. Defendant was born on the 4th of January, 1905. Her mother died on the 11th of March, 1906, and on the 31st day of that month an order in due form as prescribed by the then existing Domestic Relations Law (Gen. Laws, chap. 48 [Laws of 1896, chap. 272], § 60 et eeg., as amd.) was made by Judge Aspinall, county judge of Kings county, allowing and confirming the adoption of the defendant by the mother of the plaintiff. The order recites that the plaintiff and the…

2Cited by5 opinions

  1. In re the Adoption of EatonNew York Court of Appeals · 1953
  2. Acedo v. State, Department of Public WelfareCourt of Appeals of Arizona · 1973
  3. In re the Estate of HeyeNew York Surrogate's Court · 1933
  4. State ex rel. Dunn v. Catholic Home Bureau for Dependent ChildrenNew York Supreme Court · 1986
  5. Kelly v. AlbarinoCourt of Appeals for the Second Circuit · 2007

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