Viles v. Woermann
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Satisfactory evidence of a postmature birth is lacking in this case and the complainant has thus failed to make a sufficiently convincing showing to sustain the order of filiation. There should be a new .trial, with the opportunity to adduce medical evidence. The appeal does not raise the question of the admissibility of the hospital records under section 412 of the Civil Practice Act, so we do not pass upon the admissibility of such records. Evidence relating to the confinement and birth may be obtained by deposition, if not produced , at the trial. Order reversed and a new trial…
2Cited by3 opinions
- In re E.G.M.Court of Appeals of Texas · 1983
- In Re EGM, Texas Court of Appeals, 4th District (San Antonio)1983
- Jade N. v. John C.Appellate Division of the Supreme Court of the State of New York · 1972