Doughty ex rel. Woods v. Engler

The opinion of the court was delivered by .

'Mason, J.:

A four-year-old boy, bom out of wedlock, brought this action through his mother as his next friend, against one alleged to be his father, to require the defendant to make provision for his support. This appeal is taken from the sustaining of a demurrer to the petition.

At common law the father of an illegitimate child was under no legal duty to support it. In behalf of the plaintiff it is urged that this rule is not sound in reason and not in keeping with modern ideas of.natural right, and should not be regarded as remaining in force in aid…