McDANIEL v. JACKSON

Docket No. 31144.

78 Mich. App. 218 (1977)

259 N.W.2d 563

McDANIEL v. JACKSON

Michigan Court of Appeals.

Decided September 8, 1977.


Attorney(s) appearing for the Case

Nicholas R. Trogan, III, P.C., for plaintiff.

Joseph L. Scorsone, Jr., for defendant.

Before: D.E. HOLBROOK, JR., P.J., and ALLEN and D.R. FREEMAN, JJ.


ALLEN, J.

Where, upon a complaint under the paternity act, the complainant testified at a preliminary hearing that the defendant is not the father of her child and where, pursuant to such testimony an order of dismissal is entered upon the motion of the prosecutor, does such order constitute a bar to a subsequent paternity proceeding initiated by the same plaintiff against the same defendant? This issue comes to us on the following facts.

On October 9, 1975...

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