Severson v. . MacOmber
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered December 4, 1912, which reversed an order of the Broome County Court setting aside a verdict theretofore directed by the court in favor of plaintiff and granting a new trial, and directed judgment for the plaintiff. The facts, so far as material, are stated in the opinion.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered December 4, 1912, which reversed an order of the Broome County Court setting aside a verdict theretofore directed by the court in favor of plaintiff and granting a new trial, and directed judgment for the plaintiff. The facts, so far as material, are stated in the opinion. The judgment and order should be reversed and the complaint dismissed because upon the admitted facts plaintiff has no cause of action. (Goetting v. Normoyle, 119 App. Div. 143; 191 N. Y. 368;…
1Opinion of the CourtHiscock, J.
In November, 1909, in the city of Binghamton one Lathrop was arrested upon and pleaded guilty to a charge of being a disorderly person under the terms of section 899 of the Code of Criminal Procedure, which defined as disorderly persons, amongst others, those “who actually abandon their wives or children, without adequate support, or leave them in danger of becoming a burden upon the public, or who neglect to provide for them according to their means.” Thereafter, in accordance with the provisions of section 901 of said Code, the city judge required said Lathrop to execute an undertaking with…
2Cases cited4 opinions
- Decker v. . JudsonNew York Court of Appeals · 1857
- Goetting v. . NormoyleNew York Court of Appeals · 1908
- The People v. . TubbsNew York Court of Appeals · 1868
- Harrison v. . WilkinNew York Court of Appeals · 1877
3Cited by6 opinions
- Detroit Fidelity & Surety Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1932
- Bernstein v. FriedlanderNew York Supreme Court · 1968
- Winkelman v. WinkelmanAppellate Division of the Supreme Court of the State of New York · 1924
- Post v. ThomasAppellate Division of the Supreme Court of the State of New York · 1917
- Hathaway v. Smiglin, New York County Courts1941
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