order for blood test is appeal-able; simple act of requiring child to submit to test could cause injury by leading child to question paternity
How later courts described this case
- order for blood test is appeal-able; simple act of requiring child to submit to test could cause injury by leading child to question paternity
- an appeal may be maintained from an order directing a blood test to determine paternity entered in a support action, and such appeal is not subject to dismissal on the theory that the order is interlocutory
- when a child is born during coverture and father has accepted the child prior to filing a petition for blood test, he should be refused a petition for blood test
Written by the judges who cited it.
The opinion
Concurring Opinion by
Montgomery, J.:
My views on this subject are fully set forth in my dissenting opinion in Commonwealth ex rel. Goldman v. Goldman, 199 Pa. Superior Ct. 274 , 184 A. 2d 351 , in which Judge Watkins joined. It is, therefore, unnecessary to discuss them further except to say that I readily concur in the refusal of a blood test in the present case.
Watkins, J., joins in this concurring opinion.