Keller v. Cleary
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John P. Cleary, from an order of the Court of Special Sessions, of the first division of the- city of, Hew York, made on the 28th day of June, 1900, adjudging him. to-bb- the father of the complainant’s bastard child. ■ 1 '
1Opinion of the Court
Hatch, J.:
So far as the practice relating to appeals in bastardy proceedings is concerned, it seems to have been settled by this court, at least by implication, that an appeal lies to this tribunal (People v. Tripicersky, 4 App. Div. 613 ; Keller v. Mertens, 37 id. 497). where such appeals were entertained.
A different rule was announced by the second department. (Simis v. Alwang, 48 App. Div. 530.) . In the latter case, however, the provisions of chapter 601 of the Laws of 1895 were not called to the attention of the court, nor was the effect of that act considered. It is not necessary,,…
2Cases cited1 opinion
- People v. TripicerskyAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by6 opinions
- Feyler v. MortimerNew York Court of Appeals · 1949
- Hebberd v. LoebAppellate Division of the Supreme Court of the State of New York · 1908
- Simis v. AlwangAppellate Division of the Supreme Court of the State of New York · 1901
- Keller v. ClearyAppellate Division of the Supreme Court of the State of New York · 1901
- People v. CrispiAppellate Division of the Supreme Court of the State of New York · 1905
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