Kelly v. Kelly

This is an appeal from the trial court’s refusal to grant appellant’s motion to dismiss without prejudice certain paternity proceedings for want of prosecution and from a judgment on the merits of the paternity issue.

On December 5, 1955, appellant (the former husband) brought an action to modify the child custody provisions of a divorce decree under which Vickie, a small daughter of the parties, had been placed in custody of the maternal grandmother. Respondent answered and further filed a motion to show cause against appellant to establish the paternity of another child (Raymond) born to her…