Legal Opinion · Dissent
Keller v. Cleary
Appellate Division of the Supreme Court of the State of New York
Decided December 31, 1900Published
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.
1Dissent
INGRAHAM, J. (dissenting).
The respondent upon this appeal insists that the order of filiation of the special sessions of the county of New York is not appealable to the appellate division of the supreme court. These proceedings were instituted under the Code of ‘Criminal Procedure. Section 839 thereof provides:
“The father and mother of a bastard are liable for its support. In case of their neglect or inability, it must be supported by the county, city or town in which it is born, as provided by special statutes.”
Section 840 provides:
“If a woman be delivered of a bastard, or be pregnant of a…
2Cases cited2 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