Briano v. Rubio

Opinion by

Mr. Justice Sutton.

We are here asked to reverse an order dismissing a petition in contributory dependency, filed under the provisions of C.R.S. ’53, 22-7-1 and 22-7-9. The order granting respondent’s motion to dismiss, entered after the trial to the court, was based upon the finding of the court that the evidence adduced at the hearing was insufficient to support the allegations in the petition that respondent was the father of Maria Theresa Rubio, born in May 1954, the minor daughter of petitioner Eulalia Briano.

As we view it there is only one issue of substance presented: viz.,…