Hall Approved Free Access to American Case Law
Appellate Division of the Supreme Court of New York, 1937

Baxter v. Baxter

Baxter v. Baxter
Appellate Division of the Supreme Court of New York · Decided April 9, 1937
250 A.D. 502; 295 N.Y.S. 40; 1937 N.Y. App. Div. LEXIS 8386

Counsel

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.

Baxter v. Baxter

Opinion of the Court

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.

*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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.