Kowalski v. Wojtkowski

William J. Brennan, Jr., J.

(dissenting). I think the first count, pleading an alleged cause of action under the Florida bastardy statute, was properly dismissed. The generally accepted rule that no action is maintainable on a foreign bastardy statute applies. I dissent, however, from the conclusion reached by my colleagues that the action pleaded in the second count, grounded on N. J. 8. A. 9:16-1 et seq., is not maintainable by this plaintiff.

This is not a case concerning the legitimacy of children born to a couple whose form of marriage (a common law marriage, for example) is recognized…