McDaniel v. Jackson

Where, upon a complaint under the paternity act, the complainant testified at a preliminary hearing that the defendant is not the father of her child and where, pursuant to such testimony an order of dismissál is entered upon the motion of the prosecutor, does such order constitute a bar to a subsequent paternity proceeding initiated by the same plaintiff against the same defendant? This issue comes to us on the following facts.

On October 9, 1975, plaintiff filed a complaint through the Saginaw County Prosecutor’s Office under the paternity act, MCLA 722.711 et seq.; MSA 25.491 et seq.,…