Eisler v. Toms

Narrow, J. C. C.

(retired and temporarily assigned on recall). The sole question to be determined on this motion is whether á bastardy proceeding brought pursuant to N. J. S. A. 9:16-1 is barred by the general six-year statute of limitations. Strangely enough, neither counsel nor the court has found any case in New Jersey precisely in point.

The moving papers and attached affidavits disclose that Leona Hogate, unmarried, gave birth to a child on July 3, 1965; that shortly thereafter she sought to establish the paternity of the present defendant through the local welfare director but that the…