Legal Opinion

Drummond v. Dolan

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

Decided February 21, 1913PublishedCited by 23 opinions

Appeal by the defendant, Joseph Dolan, from an order of the Court of Special Sessions of the city of New York, borough of Brooklyn, entered in the office of the clerk of said court on the 18th day of November, 1910.

1Opinion of the Court

Jenks, P. J.:

This appeal is from an order of filiation made by a divided court. As the proceeding is quasi criminal (People ex rel. Mendelovich v. Abrahams, 96 App. Div. 27; sub nom. People ex rel. Commissioner v. Abrahams, 105 id. 498), the evidence of guilt should be entirely satisfactory. (People v. McKay, 72 App. Div. 527.) Moreover, the charge is so easy to make and so hard to defend that there should be sedulous scrutiny of the record. (Burke v. Burpo, 75 Hun, 568.) The charge is supported only by the testimony of the woman and of her mother, of whom the latter but testifies to a…

2Cases cited4 opinions

  1. Burke v. BurpoNew York Supreme Court · 1894
  2. People ex rel. Mendelovich v. AbrahamsAppellate Division of the Supreme Court of the State of New York · 1904
  3. Burns v. DonoghueMassachusetts Supreme Judicial Court · 1904
  4. People v. McKayAppellate Division of the Supreme Court of the State of New York · 1902

3Cited by23 opinions

  1. Commissioner of Public Welfare v. RyanAppellate Division of the Supreme Court of the State of New York · 1933
  2. Commissioner of Public Welfare v. KotelAppellate Division of the Supreme Court of the State of New York · 1939
  3. Arlene W. v. Robert D.Appellate Division of the Supreme Court of the State of New York · 1971
  4. Czajak v. VavoneseNew York City Family Court · 1980
  5. Rebmann v. MuldoonAppellate Division of the Supreme Court of the State of New York · 1965

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