Warner v. Burke

Clark, Judge.

Seeking a court order for temporary and permanent support of her illegitimate minor child, plaintiff-appellee filed this suit alleging that (1) defendant is the child’s natural father and (2) defendant has failed to provide adequate support for her child. Defendant’s answer denied the material allegations of the complaint. His answer set up an additional defense that shortly after the birth of the child he entered into a voluntary agreement with the mother to make specified weekly support payments. Defendant-appellant sought summary judgment upon the basis of this voluntary…