In re Serafino

New York Supreme Court

In re Serafino

66 How. Pr. 178

DecidedDecember 15, 1883

StatusPublished

This text of 66 How. Pr. 178 (In re Serafino) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Serafino, 66 How. Pr. 178 (N.Y. Super. Ct. 1883).

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Opinion

Lawrence, J.

— The return shows that the magistrate ’had jurisdiction. The offense is one punishable under the act of 1877, and the act of 1881 amending the same, and the magistrate had power, under the laws of 1882, to determine the age of the child by personal inspection. He was not obliged to [180]*180direct an examination by a plysieian for that purpose (See Laws of 1877, chap. 428, p. 486; Laws of 1881, chap. 496, p. 669; Laws of 1882, p. 421). See also the opinion of the general term of this department In the Matter of Wright (29 Hun, 361 and 362), as to the power -of the court on habeas corpus to retry the questions of fact on which the findings of the court of original jurisdiction must be presumed to have been predicated. The writ is dismissed and the prisoner remanded to the Catholic Protectory.

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Lawrence, J.

— The return shows that the magistrate ’had jurisdiction. The offense is one punishable under the act of 1877, and the act of 1881 amending the same, and the magistrate had power, under the laws of 1882, to determine the age of the child by personal inspection. He was not obliged to [180]*180direct an examination by a plysieian for that purpose (See Laws of 1877, chap. 428, p. 486; Laws of 1881, chap. 496, p. 669; Laws of 1882, p. 421). See also the opinion of the general term of this department In the Matter of Wright (29 Hun, 361 and 362), as to the power -of the court on habeas corpus to retry the questions of fact on which the findings of the court of original jurisdiction must be presumed to have been predicated. The writ is dismissed and the prisoner remanded to the Catholic Protectory.

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Bluebook (online)

66 How. Pr. 178, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-serafino-nysupct-1883.