Keller v. Cleary
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Proceedings in bastardy by John W. Keller, commissioner of public charities, on complaint of Teresa Heitzmann, against John P. Cleary. From a judgment in favor of plaintiff, defendant appeals. Appeal dismissed.
1Opinion of the CourtHatch, J.
So far as the practice relating to appeals in bastardy proceedings is concerned, it seems to have been settled by this court, at least by implication, that an appeal lies to this tribunal (People v. Tripicersky, 4 App. Div. 613, 38 N. Y. Supp. 696] Keller v. Mertens, 37 App. Div. 497, 55 N. Y. Supp. 1043), where such appeals were entertained. A different rule was announced by the Second department. Simis v. Alwang, 48 App. Div. 530, 62 N. Y. Supp. 1067. In the latter case, however, the provisions of chapter 601 of the Laws of 1895 were not called to the attention of the court, nor was the…
2Cases cited3 opinions
- Keller v. MertensAppellate Division of the Supreme Court of the State of New York · 1899
- Simis v. AlwangAppellate Division of the Supreme Court of the State of New York · 1900
- People v. TripicerskyAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by1 opinion
- Keller v. ClearyAppellate Division of the Supreme Court of the State of New York · 1901