Crepaldi v. Wagner

WIGGINTON, Chief Judge.

Plaintiff has brought this interlocutory appeal from an order granting defendant’s motion for summary decree. The principal thrust of appellant’s position is that from the pleadings, deposition and affidavits on file in the cause there is created a genuine issue of a material fact relating to the question of whether defendant is the father of plaintiff’s newly born child. Appellant therefore contends that the chancellor erred in disposing of this issue on motion for summary decree, thereby depriving her of the right to a trial by jury as permitted by statute.1

The action…