People ex rel. Dumont v. Tompkins General Sessions
New York Supreme Court
Writ of prohibition. The relator was charged with being the father of a bastard child, and on the application of the superintendents of the poor of the county of Tompkins, a warrant was issued on which he was arrested. The charge was examined into by two justices of the peace of the county, who, after hearing testimony, determined that the relator was not the father of the child, and forthwith discharged him.
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Writ of prohibition. The relator was charged with being the father of a bastard child, and on the application of the superintendents of the poor of the county of Tompkins, a warrant was issued on which he was arrested. The charge was examined into by two justices of the peace of the county, who, after hearing testimony, determined that the relator was not the father of the child, and forthwith discharged him. After his discharge and on the same day, the justices, at the request of the superintendents, reduced their determination to writing and signed the same; whereupon the superintendents…
1Opinion of the Court
By the Court.
The question in this case is, whether an appeal will lie by the superintendents of the poor from an order or decision of the justices, that the individual complained against was not proved to be the father of the bastard child. The act, 1 R. S. 644, § 13, sub. 1, directs that in such a case the person charged shall be forthwith discharged. It is conceded that as the law stood previous to the revised statutes no appeal would lie in such a case. It cannot be supposed that it was the intention of the legislature to change the law in this respect. The power of appeal is given in as…
2Cited by7 opinions
- Bullard v. ThorpeSupreme Court of Vermont · 1894
- State Ex Rel. Walls v. District CourtWyoming Supreme Court · 1928
- Rivenburgh v. HennessNew York Supreme Court · 1871
- People ex rel. Grant v. City CourtNew York Supreme Court · 1888
- Ex parte BraudlachtNew York Supreme Court · 1842
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