WAKE COUNTY CHILD SUPPORT, ETC. v. MATTHEWS

No. 7710DC449.

244 S.E.2d 191 (1978)

36 N.C. App. 316

WAKE COUNTY CHILD SUPPORT ENFORCEMENT ex rel. Rebecca BAILEY v. Art McGuinness MATTHEWS.

Court of Appeals of North Carolina.

May 16, 1978.


Attorney(s) appearing for the Case

E. Gregory Stott, Raleigh, for plaintiff-appellant.

A. R. Edmonson, Raleigh, for defendant-appellee.


MITCHELL, Judge.

The plaintiff assigns as error the trial court's order granting the involuntary dismissal. The plaintiff contends that its evidence, if believed, was sufficient to show a right to relief upon the facts and the law. We do not agree.

The trial court properly found from uncontested evidence that the minor child in question was born during the existence of the marriage between James and Rebecca Bailey. When a child is so born during wedlock, it...

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