Illgen v. Carter

The appellee, as plaintiff below, filed an action under the bastardy statute, F.S.A. § 742.01 et seq. seeking to establish that the appellant, defendant below, is the father of her child bom October 18, 1956.

The plaintiff testified that the defendant was the father of her child; that she was divorced on February 21, 1956, from her former husband; but that she became pregnant while she was still married.

The defendant denied having intercourse with the plaintiff and, of course, his contention was that the father of the child was the former husband of the plaintiff.

The facts in this case are…