State v. Maddox

This is a paternity suit.

The Circuit Court of Madison County granted the reputed father's motion to dismiss. The trial court's action was bottomed on the premise that the complaint was barred by the statute of limitations. The State contends the statute of limitations was tolled and therefore had not run. We agree with the trial court and affirm.

At the outset, we note Code of Ala. 1975, § 26-12-7, which deals with limitations on commencement of paternity proceedings:

"Proceedings under this chapter shall not be brought after the lapse of two years from the birth of the child, unless, in the…