Johnson v. Johnson

Defendant appeals that portion of the divorce judgment entered in the trial court holding that the plaintiff was not the father of her child and had no duty to support the child. She alleges on appeal that the trial court’s finding of nonpaternity was clearly erroneous.

In his verified complaint, plaintiff alleged that the child, born on June 28, 1968, was a child of the parties to the divorce action. At trial, plaintiffs counsel orally amended the complaint to aver that plaintiff was not the father of the child born during the marriage.

The trial was brief, consisting only of testimony of the…