Legal Opinion · Dissent

Commonwealth Ex Rel. Goldman v. Goldman

Superior Court of Pennsylvania

Decided September 14, 1962No. Appeal, 244Published

1Dissent

Montgomery, J.:

I cannot concur in the broad interpretation given by the majority to the statute under consideration (Act of July 13,1961, P. L. 587, 28 P.S. §307.1 et seq.). Such *286an interpretation would justify the use of blood grouping tests to negate paternity not only in cases of fornication and bastardy, and actions for support of a bastard child, approval for which was given under the 1951 Act in Commonwealth ex rel. O’Brien v. O’Brien, 390 Pa. 551, 136 A. 2d 451, but would also countenance its use on the motion of any party to the litigation in those other cases enumerated by Mr.…

2Cases cited5 opinions

  1. Phillips's EstateSupreme Court of Pennsylvania · 1928
  2. Commonwealth Ex Rel. O'Brien v. O'BrienSupreme Court of Pennsylvania · 1957
  3. Wilkes-Barre v. Pennsylvania Public Utility CommissionSuperior Court of Pennsylvania · 1948
  4. Stewart v. Hadley (White)Supreme Court of Pennsylvania · 1937
  5. Rome Township Referendum Recount CaseSupreme Court of Pennsylvania · 1959

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