Egan v. Egan

I dissent from the holding which allows the plaintiff, many months after the findings and judgment had been entered in the divorce action, to attack it on the grounds shown. The person whose welfare and happiness throughout his whole lifetime will be most affected is the child, who it now appears is practically defenseless in this proceeding. The question of his paternity was an issue which was triable and was tried and determined in the divorce proceeding. It should be res judicata. See Wheadon v. Pearson, 14 Utah 2d 45, 376 P.2d 946, and authorities cited therein.

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