TENN. DEPT. OF HUMAN SERVICES v. PATTERSON


605 S.W.2d 541 (1980)

TENNESSEE DEPARTMENT OF HUMAN SERVICES, Assignee of Evangeline Edwards, Plaintiff, v. Charles PATTERSON, Jr., Defendant.

Supreme Court of Tennessee.

Rehearing Denied September 8, 1980.


Attorney(s) appearing for the Case

Arch B. Boyd, III, Memphis, for plaintiff.

James E. Swearengen, Memphis, for defendant.


OPINION

FONES, Justice.

The sole question involved on this appeal is whether, after transfer of a paternity suit to the circuit court for a jury trial on the issue of paternity, the alleged father may plead the limitation period provided in T.C.A. § 36-224(2) and the saving statute, T.C.A. § 28-106, in bar of suit.

The child of Evangeline Edwards was born February 5, 1965. The petition to establish paternity now pending was filed February...

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