Cummings v. Carter

Quillian, Presiding Judge.

This is an action by the mother of an illegitimate child to compel the father to provide support for the child. The complaint alleged that in a prior action for abandonment the issue of paternity had been adjudicated adversely to the alleged father. In his answer to the complaint the father denied paternity. The mother moved to strike the defense of non-paternity. The trial court denied the motion to strike, ruling that the prior finding of paternity in a criminal abandonment proceeding was not a bar to a subsequent defense of non-paternity in a civil proceeding. The…