Keller v. Cleary
Appellate Division of the Supreme Court of the State of New York
Appeal from court of special sessions of city of New York. Bastardy proceedings by John W. Keller, as commissioner of public charities, on the complaint of Teresa Heitzmann, against John . I*. Cleary, alleged to be the putative father of a bastard child. From an order of filiation, defendant appeals. The evidence showed that the child was born in New Jersey, and that the mother removed to New York thereafter.
1Per curiam
The defect pointed out upon the former appeal, relative to service of the papers (56 App. Div. 466, 67 N. Y. Supp. 862), has now been remedied, and therefore this appeal is properly brought. The rule laid down in Sperling v. Boll, 26 App. Div. 64, 50 N. Y. Supp. 209, is not applicable. In that case two appeals were taken; the first being dismissed for failure to print and serve papers within the time prescribed by the rules of practice, and the second for the reason that no leave had been obtained to bring it, and it had not been reinstated. Here, however, the former appeal was a nullity, it…
2Cases cited3 opinions
- Keller v. ClearyAppellate Division of the Supreme Court of the State of New York · 1900
- Sperling v. BollAppellate Division of the Supreme Court of the State of New York · 1898
- Keller v. ClearyAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by2 opinions
- Feyler v. MortimerNew York Court of Appeals · 1949
- Duerr v. WittmannAppellate Division of the Supreme Court of the State of New York · 1958