Hutton v. . Bretsch
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 17,1913, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term, a jury having been waived. The nature of the action and the facts, so far as material, are stated in the opinion. The order of the County Court does not comply with the statute and is, therefore, a nullity. (Code Crim.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 17,1913, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term, a jury having been waived. The nature of the action and the facts, so far as material, are stated in the opinion. The order of the County Court does not comply with the statute and is, therefore, a nullity. (Code Crim. Pro. §§ 867, 868.) The County Court never acquired jurisdiction of the bastardy proceedings. (Code Crim. Pro. §§ 851, 858, 862; Drummond v. Dolan, 155 App.…
1Opinion of the Court
Collin, J.:
The action is by the overseer of the poor of the town of Macomb, of the county of St. Lawrence, to recover upon an undertaking executed by the defendants unto the People in a bastardy proceeding instituted under title V of the Code of Criminal Procedure. Thus far the defendants have been held liable.
In August, 1910, a justice of the peace of the town of Macomb issued his warrant, pursuant to sections 840, 841 of said Code, for the apprehension of one Pierce as the father of a bastard child. Pierce was forthwith arrested in the town of Theresa, Jefferson county, where he resided, in…
2Cited by6 opinions
- People Ex Rel. Lawton v. . SnellNew York Court of Appeals · 1916
- Carolyn C. v. Frank G.New York City Family Court · 1980
- Commissioner of Welfare v. De SantosNew York Court of Sessions · 1956
- Prager v. ManowitzAppellate Division of the Supreme Court of the State of New York · 1935
- Soda v. MargottaNew York City Family Court · 1967
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