Hunsucker v. Dye

On Motion to Dismiss

Bowen, C. J.

This is an appeal from a judgment in an action under the “Children Born out of Wedlock” statute. The appellee has filed a motion to dismiss the appeal, and in the alternative, that the judgment be affirmed or that appellant’s second assignment of error be stricken from the record.

From the record it appears that the finding and judgment involved in this appeal was entered by the Martin Circuit Court on November 24, 1953. Appellant filed a motion to modify said judgment on November 30, 1953, at the same term of court in which said judgment was originally entered.…