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Cornmesser v. Laken

OCTOBER 14, 1963.

JOAN CORNMESSER, PLAINTIFF-APPELLEE,

v.

ROBERT LAKEN, DEFENDANT-APPELLANT.



Appeal from the County Court of Winnebago County; the Hon. FRED J. KULLBERG, Judge, presiding. Affirmed.

SPIVEY, J.

Rehearing denied November 5, 1963.

This appeal involves a case under the Paternity Act wherein by a jury verdict the defendant was found to be the father of a child born to the plaintiff, out of wedlock.

The appeal was originally lodged in the Supreme Court on the theory that a constitutional question was therein involved and was by that court transferred here without opinion.

Plaintiff's complaint was filed in the County Court of Winnebago County. The defendant appeared in open court with his counsel pursuant to the usual warrant. He was furnished a copy of the complaint, entered a plea of not guilty and was admitted to bail.

Subsequently there was a trial by jury at which time defendant was present and represented by counsel.

The jury returned a verdict in words as follows, "We, the Jury, find the defendant, Robert Laken, is the real father of said child born out of wedlock of the said Joan Cornmesser, an unmarried woman."

Post-trial motions were overruled and the Court then entered the following order,

"This matter having been heard on this 26th day of October 1961, and the above named defendant having been found to be the father of Daniel Cornmesser, a child born out of wedlock on March 4, 1961, before the Honorable Fred J. Kullberg, Judge of the County Court of Winnebago County, Illinois. The Court enters the following order:

"It is thereby ordered that the defendant is liable to the child for his support, maintenance, education and welfare. The defendant shall pay to the Clerk of the County Court of Winnebago County, Illinois Twelve and 50/100 Dollars ($12.50) per week commencing October 26, 1961 for the liability set forth above. These payments are to be made so long as liability for such child continues under the terms and provisions of the `Paternity Act.'"

Defendant's motion to vacate the judgment and order of support of October 26, 1961 was by the court denied on February 24, 1961.

In addition to the constitutional question, defendant assigns numerous grounds for reversal. Except for one citation (not in point) not a single authority is cited in defendant's brief and argument other than the statutory provisions which were not set out in his brief as required by Rule 7 of this Court.

The Paternity Act adopted in 1957, c 106 3/4, § 1 et seq., Ill Rev Stats 1961, superseded the Act concerning bastardy, c 17, Ill Rev Stats. The prime purpose of both of these acts is the same, namely, to determine the putative father and to provide support for the illegitimate child so as to prevent said child becoming a public charge.

The proceedings under the Paternity Act are civil in nature and are governed by the provisions of the Civil Practice Act except as otherwise specifically provided in the Paternity ...


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