Jessen v. De Bernardo

Plaintiff instituted an action under N. J. S. A. 9:16-1 et seq., charging that defendant is the father of an illegitimate child born to her on October 30, 1956. It is conceded that the child was born in New York and that neither the plaintiff nor the child has a “legal settlement” as defined by N. J. S. A. 44:81-3 and 44:8A-13. However, at the time of the filing of the complaint both plaintiff and child, as well as defendant, were residents of Bergen County. Defendant has moved to dismiss the complaint on the ground that the plaintiff does not have a legal settlement and therefore cannot…