Barnett v. Clark

This interlocutory appeal by permission is taken from an order of the circuit court of Randolph County denying defendant’s motion to dismiss the plaintiff’s paternity action against him. (87 Ill. 2d R. 308.) The question of law identified by the trial court for our resolution, and described as one of first impression in Illinois, is whether the two-year limitation contained in section 4 of the Paternity Act (111. Rev. Stat. 1981, ch. 40, par. 1354) is tolled during the minority of the mother of the illegitimate child. We agree with the trial court that it is.

In its order denying defendant’s…