Lawrence Ex Rel. Lawrence v. Boyd

The opinion of the court was delivered by

O’Connor, J.:

A minor child, by its mother and next friend, instituted this action seeking to have defendant adjudged the father of said child and ordered to make regular payments for its support and maintenance. At the close of plaintiff’s evidence, the district court sustained defendant’s motion to dismiss, and plaintiff has appealed.

The grounds upon which the trial court based its order of dismissal were (1) the action was not brought by the real party in interest, (2) plaintiff violated a local court rule by filing the action on a poverty affidavit…