Baxter v. Baxter

Appellate Division of the Supreme Court of New York

Baxter v. Baxter

250 A.D. 502, 295 N.Y.S. 40, 1937 N.Y. App. Div. LEXIS 8386

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

DecidedApril 9, 1937

StatusPublished

Cited by2 cases

This text of 250 A.D. 502 (Baxter v. Baxter) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Baxter v. Baxter, 250 A.D. 502, 295 N.Y.S. 40, 1937 N.Y. App. Div. LEXIS 8386 (N.Y. Ct. App. 1937).

Pincite

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.

[503]*503The 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.

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