PEOPLE EX REL. SCHACHTER v. SCHWARTZ


279 A.D. 896 (1952)

The People of the State of New York ex rel. Max Schachter, Appellant, v. Jean Schwartz, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

March 25, 1952.


Per Curiam.

Petitioner appeals from an order dismissing a writ of habeas corpus. The proceeding was instituted to determine the paternity and custody of a child of which respondent is the mother and petitioner claims to be the father. The respondent is a married woman and at the time the child was born and for several years prior thereto was living with her husband. The presumption of legitimacy is thus strong and both respondent and her husband claim the legitimacy...

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