Legal Opinion

Cessna v. Montgomery

Illinois Supreme Court

Decided March 18, 1976No. 47738; 48002; 47738; 48002PublishedCited by 63 opinions

1Opinion of the CourtJustice Underwood

This appeal arises from two independent actions by mothers seeking to establish the paternity of their illegitimate children. Both complaints were dismissed in the trial court because brought more than two years after the birth of the children (Ill. Rev. Stat. 1973, ch. 106 3/4, par. 54). Plaintiff in case No. 47738 appealed from the Lawrence County circuit court’s order of dismissal, and the Appellate Court for the Fifth District reversed and remanded, holding the two-year limitation period unconstitutional (Cessna v. Montgomery (1975), 28 Ill. App. 3d 887). We allowed defendant’s petition…

2Cases cited35 opinions

  1. Weber v. Aetna Casualty & Surety Co.Supreme Court of the United States · 1972
  2. Levy v. Louisiana Ex Rel. Charity HospitalSupreme Court of the United States · 1968
  3. Glus v. Brooklyn Eastern District TerminalSupreme Court of the United States · 1959
  4. Gomez v. PerezSupreme Court of the United States · 1973
  5. Jimenez v. WeinbergerSupreme Court of the United States · 1974

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3Cited by63 opinions

  1. Geddes v. Mill Creek Country Club, Inc.Illinois Supreme Court · 2001
  2. Dornfeld v. JulianIllinois Supreme Court · 1984
  3. Gary-Wheaton Bank v. BurtAppellate Court of Illinois · 1982
  4. In Interest of B-----M-----NCourt of Appeals of Texas · 1978
  5. Real v. KimAppellate Court of Illinois · 1983

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