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People ex Rel. Sternberger v. Sternberger

Court of Appeals of the State of New York
Oct 5, 1897
47 N.E. 918 (N.Y. 1897)

Opinion

Argued June 21, 1897

Decided October 5, 1897

George Zabriskie for appellant.

Elihu Root and Joseph H. Choate for respondent.


This appeal is dismissed upon the following grounds:

1. The order of the Appellate Division is discretionary and we have no power to review it.

2. This discretion was exercised after the court below had unanimously decided, on considering the facts, that it was for the benefit and welfare of the infants that they be confided, until the further order of the court, to the care and custody of their mother.

We must assume that the evidence was sufficient to warrant the conclusion reached by the Appellate Division.

The appeal should be dismissed, with costs.

All concur, except GRAY, J., absent.

Appeal dismissed.


Summaries of

People ex Rel. Sternberger v. Sternberger

Court of Appeals of the State of New York
Oct 5, 1897
47 N.E. 918 (N.Y. 1897)
Case details for

People ex Rel. Sternberger v. Sternberger

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. BIRDIE S. STERNBERGER…

Court:Court of Appeals of the State of New York

Date published: Oct 5, 1897

Citations

47 N.E. 918 (N.Y. 1897)
47 N.E. 918

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