Dolores D. v. Mario N. D.

The court has before it an interesting question to determine as to when the Statute of Limitations concerning a paternity proceeding is tolled, specifically at what time the course of action of the respondent (an acknowledgment in writing and/or support) takes the proceeding out of the Statute of Limitations and allows the petitioner an opportunity to establish paternity.

The petitioner instituted a" proceeding on July 25, 1969 in which she seeks to declare the respondent the father of an out-of-wedlock child born to her on October 21,1958. The petitioner and the respondent each testified on…