Commonwealth Ex Rel. Miller v. Dillworth

Opinion by

Flood, J.,

Two questions are before us. 1. Does the Civil Procedural Support Law, Act of July 18, 1958, P. L. 431, as amended, August 14, 1963, P. L. 872, 62 PS §2043.31 et seq., authorize the determination of the paternity of an illegitimate child by a judge without a jury? 2. If so, does it violate the jury trial guaranties of §6, or §9 of art. I of the Constitution of Pennsylvania?

1. The Civil Procedural Support Law, originally passed to authorize civil proceedings for the support of legitimate children, was extended to cover support for illegitimate children by the 1963…