People Ex Rel. Sternberger v. . Sternberger

New York Court of Appeals

People Ex Rel. Sternberger v. . Sternberger

47 N.E. 918, 153 N.Y. 684, 7 E.H. Smith 684, 1897 N.Y. LEXIS 819

CourtNew York Court of Appeals

DecidedOctober 5, 1897

StatusPublished

Cited by1 cases

This text of 47 N.E. 918 (People Ex Rel. Sternberger v. . Sternberger) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People Ex Rel. Sternberger v. . Sternberger, 47 N.E. 918, 153 N.Y. 684, 7 E.H. Smith 684, 1897 N.Y. LEXIS 819 (N.Y. 1897).

Pincite

Opinion

Per Curiam.

This appeal is dismissed upon the following grounds:

1. The order of the Appellate Division is discretionary and we have no power to review it.

2. This discretion was exercised after the court below had unanimously decided, on considering the facts, that it was for the benefit and welfare of the infants that they be confided, until the further order of the court, to the care and custody of their mother.

We must assume that the evidence was sufficient to warrant the conclusion reached by the Appellate Division.

The appeal should be dismissed, with costs.

All concur, except Gray, J., absent.

Appeal dismissed.

Free access — add to your briefcase to read the full text and ask questions with AI