Allen Ex Rel. Allen v. Hunnicutt

Tbe defendant’s exception to tbe refusal of tbe court to dismiss tbe cause as in case of nonsuit presents for decision this question : May an illegitimate child maintain a civil action to establish its paternity and compel its putative father to furnish it support when tbe right of action is based solely upon the alleged relationship? Tbe answer is no.

Under tbe common law an illegitimate child is nullius flius, and its putative father is under no obligation to support or contribute to its support. It has no father known to tbe law, no distinction being made between a reputed father and an…