Magner v. Smyth

This is an application by petitioner for an alternative order of prohibition against the learned justice of the Children’s Court of Westchester county to stay him and the wife of the petitioner from taking any further proceeding against him in said court upon a decision and judgment made in said court (144 Misc. 740).

The wife of the petitioner entered a complaint against him in the said Children’s Court charging him with willfully failing to provide for her proper maintenance and that of the child, the issue of the marriage, and that said child is neglected and is in a state of want.

Petitioner…