Dunn v. . Dunn

Stacy, O. J.

Was, and is, the judgment purporting to legitimate the defendants, entered by the judge at term, valid, or is it null and void, because, under the law in force at the time, the original jurisdiction of petitions for legitimation was conferred on the clerk and not on the judge?

The pertinent statute operative in 1914 was Rev., 263, now C. S., 277, which reads as follows:

“The putative father of any illegitimate child may apply by petition in writing to the Superior Court of the county in which he resides, praying that such child may be declared legitimate; and if it appears that the…