Summary
In Dill v. Patterson, 326 Ill. App. 511, 62 N.E.2d 249, the parties who had been living together were married some five months before the birth of the child.
Summary of this case from Sturdy v. SturdyOpinion
Term No. 4,404. (Abstract of Decision.)
Opinion filed July 7, 1945 Released for publication August 7, 1945
BASTARDS, § 2 — marriage after conception as warranting finding of legitimacy. In action by grandmother of child to recover for its care and support, where evidence indicated that defendant and child's deceased mother lived together in common-law marriage and previously had another child who died, and they were legally married 5 months before child herein was born, but defendant contended he had no sexual intercourse with child's mother during period of gestation, though they slept together, and he filed suit for divorce before child was born, charging adultery, held finding that child was legitimate issue of defendant was not against manifest weight of evidence, since legal marriage of parents legitimates child under provisions of statute (Ill. Rev. Stat. 1943, ch. 89, par. 4; Jones Ill. Stats. Ann. 78.04).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Saline county; the Hon. D.F. RUMSEY, Judge, presiding.
Judgment affirmed. Heard in this court at the May term, 1945.
Scerial Thompson, for appellant;
No appearance for appellee.
Not to be published in full. opinion filed July 7, 1945; released for publication August 7, 1945.