Baxter v. Baxter

Full title: ANNA BAXTER, Petitioner, Respondent, v. WILLIAM I. BAXTER, Appellant

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 9, 1937

250 App. Div. 502 (N.Y. App. Div. 1937)

295 N.Y.S. 40

Opinion

April 9, 1937.

Appeal from Domestic Relations Court of the City of New York, Family Court Division, County of New York.

Irving J.W. Marx, for the appellant.

Arthur Bainbridge Hoff of counsel [ Paxton Blair and Sidney M. Freeman with him on the brief; Paul Windels, Corporation Counsel], for the respondent.

Present — MARTIN, P.J., TOWNLEY, GLENNON, UNTERMYER and COHN, JJ.

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.

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.

PER CURIAM.

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.