Deckert v. Burns

62 N.W.2d 879 (1954)

DECKERT

v.

BURNS.

No. 9369-r.

Supreme Court of South Dakota.

February 24, 1954.

Rehearing Denied April 2, 1954.

Danforth & Danforth, Sioux Falls, for plaintiff and respondent.

Davenport, Evans, Hurwitz & Smith, Sioux Falls, for defendant and appellant.

RUDOLPH, Judge.

Defendant was charged with being the father of an illegitimate child born to plaintiff on October 2, 1947. This action was commenced on October 20, 1950. The trial court determined that the proceeding was under the Uniform Illegitimacy Law, SDC 37.21, and instructed the jury and entered judgment on such theory. No one…