People ex rel. Andrews v. Andrews

The State of Illinois brought this action against David Andrews to establish the paternity of two children born to Judith Richards.1 The trial court dismissed the complaints on the ground they were barred by the two-year statute of limitations (Ill. Rev. Stat. 1979, ch. 40, par. 1354), and the State brings this appeal. The only issue is whether defendant is estopped from raising the limitations defense under the principles announced in Cessna v. Montgomery (1976), 63 Ill. 2d 71, 344 N.E.2d 447. We hold he is and therefore reverse the judgment of the circuit court of McHenry County.

The…