People v. Polep

Appellate Division of the Supreme Court of New York

People v. Polep

233 A.D. 450, 253 N.Y.S. 253, 1931 N.Y. App. Div. LEXIS 11323

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

DecidedNovember 11, 1931

StatusPublished

Cited by5 cases

This text of 233 A.D. 450 (People v. Polep) 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

People v. Polep, 233 A.D. 450, 253 N.Y.S. 253, 1931 N.Y. App. Div. LEXIS 11323 (N.Y. Ct. App. 1931).

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Opinion

Per Curiam.

This proceeding can be maintained only by virtue of statutory authority. We are referred generally to the provisions of article 8 of the Domestic Relations Law (added by Laws of 1925, chap. 255). We find therein no warrant for the order appealed from. Taking as true the facts stated in the petition, appellant’s testate was the father of the child. He was, therefore, liable for its support and education, within the limits and subject to the provisions of the statute. Upon his death that liability survived only as far as and in the form provided therein. No order of filiation was ever made. The only settlement made, whether it be deemed to have been judicially approved or not, was fully performed. No part of it is left to be enforced against the estate. No security under section 129 (as amd. by Laws of 1928, chap. 834) was given. Nor do we find anything in the procedural provisions of section 122 (as amd. by Laws of 1926, chap. 386) indicating any different or further liability. The order appealed from must be reversed and the petition dismissed, without costs.

All concur. Present — Sears, P. J., Crouch, Taylor, Thompson and Crosby, JJ.

Order reversed on the law, without costs of this appeal to either party, and petition dismissed, without costs.

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Per Curiam.

This proceeding can be maintained only by virtue of statutory authority. We are referred generally to the provisions of article 8 of the Domestic Relations Law (added by Laws of 1925, chap. 255). We find therein no warrant for the order appealed from. Taking as true the facts stated in the petition, appellant’s testate was the father of the child. He was, therefore, liable for its support and education, within the limits and subject to the provisions of the statute. Upon his death that liability survived only as far as and in the form provided therein. No order of filiation was ever made. The only settlement made, whether it be deemed to have been judicially approved or not, was fully performed. No part of it is left to be enforced against the estate. No security under section 129 (as amd. by Laws of 1928, chap. 834) was given. Nor do we find anything in the procedural provisions of section 122 (as amd. by Laws of 1926, chap. 386) indicating any different or further liability. The order appealed from must be reversed and the petition dismissed, without costs.

All concur. Present — Sears, P. J., Crouch, Taylor, Thompson and Crosby, JJ.

Order reversed on the law, without costs of this appeal to either party, and petition dismissed, without costs.

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Bluebook (online)

233 A.D. 450, 253 N.Y.S. 253, 1931 N.Y. App. Div. LEXIS 11323, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-polep-nyappdiv-1931.

Opinion

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