People v. Rubens
New York County Courts
Appeal from Justice Court. S a charo Rubens was convicted before a magistrate as a disorderly person, under section 685 of the charter of Greater New York (Laws <1901, p. 279, c. 466), and appeals. Reversed.
1Opinion of the CourtCrane, J.
I.can find no evidence in the case sufficient to convict the defendant of being a disorderly person, in having abandoned his children. The husband and wife entered into a separation agreement under which they apparently have been living apart ever since. By this she was given the custody of the boy, but nothing definite was fixed for his support. The circumstances under which the wife subsequently obtained possession of the girl-are disputed. She testifies the child was given to her by thp husband, while he claims that it was kidnapped by the, wife. As to-the custody of the children, the…
2Cases cited2 opinions
- Duryea v. . BlivenNew York Court of Appeals · 1890
- Allen v. AffleckNew York Court of Common Pleas · 1882
3Cited by2 opinions
- Haskell v. HaskellAppellate Division of the Supreme Court of the State of New York · 1922
- Roeder v. MillerAppellate Terms of the Supreme Court of New York · 1921