Watson v. Diltz

Michigan Court of Appeals

Watson v. Diltz

164 N.W.2d 674, 13 Mich. App. 606, 1968 Mich. App. LEXIS 1112

CourtMichigan Court of Appeals

DecidedOctober 21, 1968

DocketDocket No. 3,505

StatusPublished

This text of 164 N.W.2d 674 (Watson v. Diltz) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Watson v. Diltz, 164 N.W.2d 674, 13 Mich. App. 606, 1968 Mich. App. LEXIS 1112 (Mich. Ct. App. 1968).

Pincite

Opinion

Per Curiam.

Defendant was tried by the court without a jury on a charge of paternity and found to be the father of plaintiff’s child. The complaint [607]*607alleged the conception occurred on or about the 8th day of March, 1962. At trial, the plaintiff testified the conception occurred on a Sunday near the middle of March. March 8, 1962 fell on Thursday. On appeal, defendant claims this variance is fatal.

CLS 1961, § 722.714(d), as amended by PA 1962, No 238 (Stat Ann 1968 Cum Supp § 25.494[d]) requires the complaint to state time of conception “as near as possible.” This record discloses no fatal variance.

The finding by the trial judge that defendant is the father of plaintiff’s child is not clearly erroneous. OCR 1963, 517.1.

Affirmed.

Quinn, P. J., and Holbrook and Vander Wal, JJ., concurred.

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