Morrissey v Boyle

• Jurisdiction: Ireland
• Court: Supreme Court
• Judgment Date: 01 January 1942
• Date: 01 January 1942

(S.C.),

Morrissey

and

Boyle

Evidence of mother of illegitimate child - Necessity for further evidence "corroborative in some material particular" -Sufficiency of such evidence - No express statement by mother that defendant was father of the child - Whether the facts sufficient to justify such an inference - Illegitimate Children (Affiliation Orders) Act, 1930 (No. 17 of 1930), s. 3, sub-s. 2.

1. Sect. 3, sub-s. 2, of the Illegitimate Children (Affiliation Orders) Act, 1930, provides: —"No Justice of the District Court shall be satisfied that a person is the putative father of an illegitimate child without hearing the evidence of the mother of such child and also evidence corroborative in some material particular or particulars of the evidence of such mother."Applicant brought a summons under the above Act against the defendant, B. She stated in evidence that on two occasions the...