Duff v. Commonwealth ex rel. Huff

MONTGOMERY, Judge.

Douglas Rodney Duff appeals from an adverse judgment in a bastardy proceeding. He urges that the proceeding was barred by a three-year limitation contained in the statute. KRS 406.030(1).

On December 5, 1955, Pearlean Huff executed an affidavit before the Clerk of the Knott County Court in which she stated, inter alia, that on November 10, 1955, a bastard child, Rodney Stewart Huff, was born to her in Knott County, Kentucky, and that Douglas Rodney Duff is the father of the child. The affidavit was not marked “Filed” and no warrant or process was issued thereon until July 31,…