Baxter v. Baxter

Court: Appellate Division of the Supreme Court of the State of New York
Date filed: 1937-04-09
Citations: 250 A.D. 502, 295 N.Y.S. 40, 1937 N.Y. App. Div. LEXIS 8386
Copy Citations
1 Citing Case
Lead Opinion
Per Curiam.

The issue in this case was not the legitimacy of the child, but the liability of defendant for his support. The evidence taken, but not considered, by the court was relevant and material to that issue, and it was error to determine the issue upon presumptions of law alone.

Page 503
The orders should be reversed and the proceeding reopened and remitted to the Domestic Relations Court to determine upon the evidence whether the defendant is liable for the support of the infant William Baxter.

Present — Martin, P. J., Townley, Glennon, Untermyer and Cohn, JJ.

Orders unanimously reversed, without costs, and the proceeding reopened and remitted to the Domestic Relations Court to determine upon the evidence whether defendant is liable for the support of the infant William Baxter.