70 N.Y.S. 580 | N.Y. App. Div. | 1901
It will be assumed,--upon the explanation of Mr. Justice Hatch TSx Keller v. Cleary (56 App. Div. 466), that the -court has jurisdictian of this appeal, and the question, upon the merits,- is now before-us. The appellant urges, aside from the right of this court to hear the appeal, the single proposition that the-complaint upon which the warrant for defendant’s arrest was issued.is-insufficient, and a line of. authorities is cited in "support of this contention, based upon the theory, evidently, that the proceeding is controlled by the provisions of section 149 of the Code of Criminal Procedure. . While it is true that ■ proceedings in bastardy matters are usually, considered as of a quasi criminal character they are regulated exclusively by the provisions of sections 838 to 860, inclusive, of the- Code
The evidence seems sufficient to support the conclusion reached by the court; there were only two witnesses, the complainant and the defendant, and the complainant tells a direct and positive story, which is somewhat equivocally denied by the defendant. It was clearly for the court to determine which of the parties to believe, and the fact that the court refused an adjournment for the purpose
The judgment appealed from should be affirmed, with costs.
All concurred:
Judgment affirmed, with costs.
Sic.