Fisher v. State ex rel. Morrow

• Decision Date: 30 September 1947
• Docket Number: 17646.
• Parties: FISHER v. STATE ex rel. MORROW.
• Court: Indiana Appellate Court

74 N.E.2d 743

117 Ind.App. 552

FISHER
v.
STATE ex rel. MORROW.

No. 17646.

Appellate Court of Indiana, in Banc.

September 30, 1947

Appeal from St. Joseph Probate Court; J. Clifford Potts, Judge. [74 N.E.2d 744.]

Charles Davis, of Mishawaka, for appellant.

No appearance for appellee.

DRAPER, Judge.

This action was brought against the appellant by the 'State of Indiana, ex rel. Evelyn Morrow, by Dell Morrow, her next friend.' The complaint seeks to establish the appellant as the father of the illegitimate child of Evelyn Morrow, who is alleged to be 20 years of age; and for the support of said child.

The appellant demurred to the complaint on the ground that on its face it discloses the cause of action to reside in Evelyn Morrow, and not in the plaintiff. He assigns error in the overruling of the demurrer.

[117 Ind.App. 553] An action of this character is created and conferred by statute. The rights of the parties are given, controlled and limited by statute, and the mode of proceeding therein prescribed must be pursued. Reeves v. State ex rel. Ellis, 1871, 37 Ind. 441; Beckett v. State ex rel. Rothert, 1892, 4 Ind.App. 136, 30 N.E. 536; Brown v. State ex rel. Pavey, 1932, 94 Ind.App. 669, 182 N.E. 263. This case is governed by Ch. 112 of the Acts of 1941.

Sec. 9 of the Act, being Burns 1946 Repl. § 3-631, provides that an action to compel suppport may be brought by the mother, or if she be insane, of unsound mind, a minor, or under any other disability, by...