Commonwealth ex rel. Morgan v. Smith

Opinion by

Mr. Justice Jones,

The primary issue on this appeal is whether, in the absence of sufficient iegal evidence upon which to base a finding of paternity, a person, who maintained a meretricious relationship with the child’s mother, can be found liable for the support of the child because he stood “in loco parentis” to the child?

In August 1946, Elizabeth Brooks entered into a lawful marriage with Clarence Morgan, a marriage never legally dissolved. After living together for about *563four months, Morgan left his wife and disappeared.1 Of that marriage the record does not reveal affirmatively…