Comm'r of Pub. Welfare of the City of New York v. Jackson
Decision Date | 03 July 1934 |
Citation | 193 N.E. 275,265 N.Y. 469 |
Court | New York Court of Appeals Court of Appeals |
Parties | COMMISSIONER OF PUBLIC WELFARE OF the CITY OF NEW YORK, Appellant, v. William JACKSON, Respondent COMMISSIONER OF PUBLIC WELFARE OF the CITY OF NEW YORK, Respondent, v. William JACKSON, Appellant. |
Appeal in action No. 1, by permission, from an order of the Appellate Division of the Supreme Court in the First Judicial Department (240 App. Div. 142, 269 N. Y. S. 197), entered February 2, 1934, which reversed an order of the Court of Special Sessions of the city of New York adjudging defendant to be the father of a male child born out of wedlock to the complainant, Salome Jackson, on August 29, 1930, and directing him to pay a stated sum per week for the support and education of such child until he reached 16 years of age and also to pay the necessary funeral expenses in case he died before reaching the age of 16 years, and dismissed the information.
Appeal in action No. 2, by permission, from an order of the same Appellate Division, entered February 2, 1934, which affirmed an order of the Court of Special Sessions of the city of New York adjudging the defendant to be the father of a female child born out of wedlock to such complainant on February 8, 1933, and containing a similar direction as to the support and education of such child and payment of her funeral expenses.
The Appellate Division reversed the order as to the child born in 1930 on the ground that more than two years had elapsed between its birth and the commencement of the proceedings. See subdivision 2 of section 122 of the Domestic Relations Law (Consol. Laws, c. 14), as added by Laws 1925, c. 255.
On the trial the complainant was permitted, over defendant's objection and exception, to testify that she never had sexual intercourse with her husband. In the Court of Appeals, the defendant-appellant contended that the provision in section 67 of the Inferior Criminal Courts Act of the city of New York (Laws 1930, c. 434, and Laws 1933, c. 746) , that ‘if the mother is married both she and her husband may testify to nonaccess,’ violated the constitutional guaranty of equal protection of the law because such statute does not apply to the entire state, but is confined to the city of New York.
Frederic G. Rita, of New York City, for defendant-respondent-appellant.
Paul Windels, Corp. Counsel, of New York City (Paxton Blair and Arthur H. Kerns, both of New York City, of counsel), for plaintiff-appella...
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