Legal Opinion

Simis v. Alwang

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

Decided March 15, 1900PublishedCited by 4 opinions

Appeal by the defendant, William Alwang, from an order of filiation, made hy the Court of Special Sessions of the Peace of the second division pf. the city of New York on the 30th day of "June, 1899.

1Opinion of the Court

Hatch, J.:

No appeal lies from an order of filiation in bastardy proceedings, made by the Court of Special Sessions to the Appellate Division of the Supreme Court. Proceedings in bastardy are denominated in the Code of Criminal Procedure as “ special proceedings of a criminal nature.” (Code Crim. Proc. part 6.) They have always been regarded as only quasi criminal, and the practice which is provided for the punishment of persons guilty of criminal offenses has never been applicable to such proceedings. (People ex rel. Fuller v. Carney, 29 Hun, 47.) Authority is conferred to prosecute bastardy…

2Cases cited3 opinions

  1. People Ex Rel. Comrs. of Charities v. . CullenNew York Court of Appeals · 1896
  2. Board of Commissioners v. McCloskeyAppellate Division of the Supreme Court of the State of New York · 1897
  3. People v. AshAppellate Division of the Supreme Court of the State of New York · 1899

3Cited by4 opinions

  1. Keller v. ClearyAppellate Division of the Supreme Court of the State of New York · 1900
  2. People v. CrispiAppellate Division of the Supreme Court of the State of New York · 1905
  3. Keller v. ClearyAppellate Division of the Supreme Court of the State of New York · 1900
  4. Keller v. ClearyAppellate Division of the Supreme Court of the State of New York · 1900

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