Deckert v. Burns

Defendant was charged with being the father of an illegitimate child born to plaintiff on October 2, 1947. This action was commenced on October 20, 1950. The trial court determined that the proceeding was under the Uniform Illegitimancy Law. SDC 37.21, and instructed the jury and entered judgment on such theory. No one has questioned the trial court’s determination of the nature of the proceeding. It follows that this court must consider the proceeding as one brought under the Illegitmacy Law.

The jury returned a verdict against defendant. Motion for a new trial was made and denied and…