People v. Relyea
New York Supreme Court
THIS was an action of debt on a recognizance taken under the act for the relief of cities and towns from the maintenance of bastard children. (Sess. 36. c. 12. 1 JV". it. L. 306.) The defendant pleaded nil debet, with a notice of special matter, intended to be given in evidence.
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THIS was an action of debt on a recognizance taken under the act for the relief of cities and towns from the maintenance of bastard children. (Sess. 36. c. 12. 1 JV". it. L. 306.) The defendant pleaded nil debet, with a notice of special matter, intended to be given in evidence. The cause was tried before the late Chief Justice, at the Albany circuit, in April, 1818. It appeared, that an order of filiation having been made, was, afterwards, by the consent of the parties, quashed by J 1 1 * the Court of Sessions, and that then, a second order, which , - - . was the one set forth in the…
1Opinion of the Court
Spencer, Ch. J. delivered the opinion of the Court.
Two questions arise in this cáse: I. Is the second order void, the first appearing to have been quashed in the Sessions, by consent. 2d. Ought the damages to have been assessed ?
There can be no doubt, but that an order of two Justices, in the cases arising under the act for the relief of cities and towns, from the maintenance of bastard children, cannot be impeached by parol evidence, unless in the mode pointed out in the statute itself, or on appeal to the Sessions, and the hearing thereof. An order is in the nature of a judgment, and if the…
2Cited by4 opinions
- Commonwealth ex rel. Davis v. LeckySupreme Court of Pennsylvania · 1832
- Donely v. RockfellerNew York Supreme Court · 1825
- Cutlip v. Sheriff of Calhoun CountyWest Virginia Supreme Court · 1869
- People v. LevyNew York Supreme Court · 1915