State ex rel. Dietrich v. Murphy

The opinion of the court was delivered by

Harvey, J.

This is a proceeding under the statute pertaining to illegitimate children (R. S. 62-2301 to 62-2321). The defendant filed in the district court a demurrer and motion to quash in which he raised the question that the proceeding had not been instituted within the time required by statute (R. S. 62-2317). This was overruled by the court, and defendant has appealed. The sole question before us is whether the proceeding was instituted in time.

On November 25, 1922, Louise Dietrich filed, with R. E. Evans, a justice of the peace at Emporia, a…