Legal Opinion

People v. McKay

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1902PublishedCited by 4 opinions

Appeal by the defendant, John McKay, from an order of the Court of Special Sessions of the second division of the city of New York, entered on the 22d day of November, 1901, adjudging the defendant to be the father of a bastard child born to one Emily Funk.

1Opinion of the Court

Woodward, J.:. The judgment and order of filiation in the case at bar ought to be reversed, as against the weight of evidence. There is absolutely no evidence in the case, aside from the testimony of the mother, which would connect the defendant with the origin of. her bastard child. The testimony of the mother, which is not given with any degree Of circumstantiality, is to the effect that she met the defendant for the first time at a ball on the 5th day of January, 1901 that she made an engagement with the defendant to meet him on the following Wednesday, the ninth day of January, and that…

2Cases cited2 opinions

  1. People ex rel. Golden v. RooseveltAppellate Division of the Supreme Court of the State of New York · 1897
  2. Simis v. AlwangAppellate Division of the Supreme Court of the State of New York · 1901

3Cited by4 opinions

  1. Drummond v. DolanAppellate Division of the Supreme Court of the State of New York · 1913
  2. Commissioner of Public Welfare v. KotelAppellate Division of the Supreme Court of the State of New York · 1939
  3. Di Paolo v. LangAppellate Division of the Supreme Court of the State of New York · 1952
  4. Beauclerk v. NyerAppellate Division of the Supreme Court of the State of New York · 1945

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