People v. Polep

This proceeding can be maintained only by virtue of statutory authority. We are referred generally to the provisions of article 8 of the Domestic Relations Law (added by Laws of 1925, chap. 255). We find therein no warrant for the order appealed from. Taking as true the facts stated in the petition, appellant’s testate was the father of the child. He was, therefore, liable for its support and education, within the limits and subject to the provisions of the statute. Upon his death that liability survived only as far as and in the form provided therein. No order of filiation was ever made. The…