People ex rel. Crandall v. Overseers of the Poor
New York Supreme Court
Certiorari to the court of sessions of Wayne county, to certify their proceedings, &c. upon an appeal from an order of filiation made by two justices in a case of alleged bastardy. The return of the sessions embraced all the proceedings and all the evidence taken by them on the hearing of the appeal.
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Certiorari to the court of sessions of Wayne county, to certify their proceedings, &c. upon an appeal from an order of filiation made by two justices in a case of alleged bastardy. The return of the sessions embraced all the proceedings and all the evidence taken by them on the hearing of the appeal. The facts necessary to raise the questions of law involved by the decision in the court below, which it was proposed to review, all appeared by the return, and are briefly these: On the trial of the appeal at the sessions, March 5th, 1852, the counsel for the overseers called Mary Ann Hollenback,…
1Opinion of the Court
By the Court, Johnson, J.
If we were at liberty to look into the return, for the purpose of reviewing the rulings of the courts on questions of law, and correcting errors of that character, there can be no doubt that the order and determination- of the court below should be set aside. The mother of the alleged bastard was a married woman, whose husband was living at the time of the alleged illicit intercourse and the birth of the child. And while she is, from the necessity of the case, a competent witness to prove the illicit intercourse, and who is in fact the father of the child, she is not…
2Cases cited2 opinions
- Queen v. HepburnSupreme Court of the United States · 1813
- Loder v. PhelpsNew York Supreme Court · 1834
3Cited by9 opinions
- Egbert v. GreenwaltMichigan Supreme Court · 1880
- Rabeke v. BaerMichigan Supreme Court · 1897
- People ex rel. Van Rensselaer v. Van AlstyneNew York Supreme Court · 1860
- People Ex Rel. Frost v. . WilsonNew York Court of Appeals · 1875
- State v. NewberrySupreme Court of Missouri · 1869
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