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Smeido v. Jansons

In the Matter of Betty A. Smeido v. Frederick Jansons

Smeido v. Jansons, 23 A.D.2d 796 (1965)
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Court
Appellate Division of the Supreme Court of the State of New York · State Appellate Courts
Decided
April 26, 1965
Citations
23 A.D.2d 796259 N.Y.S.2d 1691965 N.Y. App. Div. LEXIS 4374

Opinion of the Court

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In a proceeding pursuant to article 5 of the Family Court Act to establish the paternity of a child expected to be born out of wedlock and to provide for its support, the putative father appeals, by permission of this court, from a resettled order of the Family Court, Nassau County, entered November 27, 1964, which denied his motion to dismiss the petition. Resettled order affirmed, without costs. In support of the motion it was contended: (1) that the court does not have jurisdiction of the subject matter in that the recovery of a sum of money only is sought and that such a claim is constitutionally required to be tried by a jury on the demand of either party, and not by the court alone; and (2) that section 531 of the Family Court Act, which provides that the trial in paternity proceedings shall be “by the court without a jury ”, is unconstitutional. For the reasons stated by the learned Justice of the Family Court, we find these contentions to be legally untenable. Beldóck, P. J., Brennan, Hill, Rabin and Hopkins, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1975: 11980: 11982: 11985: 31987: 119752026peak 1985 · 3

Relies on it most ⓘ

  1. Comish v. Smith540 P.2d 274 (Idaho 1975)
  2. E.R.B. v. J.H.F.496 A.2d 607 (D.C. 1985)
  3. Dunn v. Davis725 S.W.2d 853 (Ark. 1987)
  4. Cahill v. State411 A.2d 317 (Del. Super. Ct. 1980)
  5. Erb v. JHF496 A.2d 607 (D.C. 1985)
  6. E.R.B. v. J.H.F.496 A.2d 607 (D.C. 1985)

Most recent

  1. Dunn v. Davis725 S.W.2d 853 (Ark. 1987)
  2. Erb v. JHF496 A.2d 607 (D.C. 1985)
  3. E.R.B. v. J.H.F.496 A.2d 607 (D.C. 1985)
  4. E.R.B. v. J.H.F.496 A.2d 607 (D.C. 1985)
  5. State v. Speed640 P.2d 13 (Wash. 1982)
  6. Cahill v. State411 A.2d 317 (Del. Super. Ct. 1980)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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