Legal Opinion

Board of Commissioners v. McCloskey

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

Decided March 15, 1897PublishedCited by 5 opinions

Appeal by the defendant, Richard McCloskey, from an order of the County Court of Kings county, entered in the office of the clerk of the county of Kings on the 16th day of December, 1896, affirming an order of filiation made against the defendant by a police justice of the city of Brooklyn.

1Opinion of the Court

Cullen, J. •

It is unnecessary to determine the question whether in a bastardy proceeding an appeal lies to this court from an order made by the *43County Court. In People ex rel. Comrs. of Charities v. Cullen (151 N. Y. 54) the Court of Appeals intimated that the right to such an appeal is open to grave doubt. But we find no reason to interfere with the judgment of the court below on the merits.

On the hearing in the County Court the appellant insisted that that court was limited to an examination of the proceedings before the police justice, and that the only matter to be determined by the *44court…

2Cases cited3 opinions

  1. Hyde v. StoneNew York Supreme Court · 1831
  2. People Ex Rel. Comrs. of Charities v. . CullenNew York Court of Appeals · 1896
  3. People ex rel. Kenfield v. LyonNew York Supreme Court · 1894

3Cited by5 opinions

  1. Simis v. AlwangAppellate Division of the Supreme Court of the State of New York · 1900
  2. Wisconsin State AFL-CIO v. Elections BoardDistrict Court, E.D. Wisconsin · 1982
  3. WISCONSIN STATE AFL-CIO v. Elections Bd.District Court, E.D. Wisconsin · 1982
  4. Board of Com'rs of Charities & Corrections v. McCloskeyAppellate Division of the Supreme Court of the State of New York · 1897
  5. People ex rel. Kirkpatrick v. CrowleyAppellate Division of the Supreme Court of the State of New York · 1897

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