MATTER OF SMEIDO v. JANSONS


23 A.D.2d 796 (1965)

In the Matter of Betty A. Smeido, Respondent, v. Frederick Jansons, Appellant

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

April 26, 1965


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...

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