Mayer v. Davis
Appellate Division of the Supreme Court of the State of New York
Reargument of an appeal'by the defendant, Charles R. Davis, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings oh the 25th day of May, 1906, upon the decision of. the ■ court, rendered .after a trial at the Kings County Special Term, adjudging that the. said defendant is not an heir at law of William H. Davis, .deceased: . The opinion written upon the first appeal is reported in 119' ■Appellate Division,…
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Reargument of an appeal'by the defendant, Charles R. Davis, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings oh the 25th day of May, 1906, upon the decision of. the ■ court, rendered .after a trial at the Kings County Special Term, adjudging that the. said defendant is not an heir at law of William H. Davis, .deceased: . The opinion written upon the first appeal is reported in 119' ■Appellate Division, 96. ,
1Opinion of the Court
Gaynor, J.:
When this case was first disposed of by us I wrote': “If 280 days be taken as the period of -gestation, there were within it 39 days of possible sexual access of the appellant’s parents before his' father went to the hospital, and if 30.0 days be taken as the period allowed from the latest opportunity of, access' to delivery, there were ,59 ”. In' this-1 made thedarge. error of 47 days. I should. have written “ before his father died ”, instead of “ before his father went to the hosjfital ” ; and he was in; the hospital. 47 days.. The result is that there was no time of possible…
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