# Commonwealth Ex Rel. Johnson v. King

> Superior Court of Pennsylvania · April 2, 1982 · 297 Pa. Super. 431

URL: https://www.frixlaw.com/law-library/cases/9762337

## Case

- **Full name:** COMMONWEALTH Ex Rel. Lucretia JOHNSON, Appellant v. Melvin N. KING. Appeal of Lucretia JOHNSON
- **Court:** Superior Court of Pennsylvania
- **Decided:** April 2, 1982
- **Citations:** 297 Pa. Super. 431; 444 A.2d 108; 1982 Pa. Super. LEXIS 3781
- **Precedential status:** Published
- **Opinion:** Concurrence by Brosky
- **Judges:** Cercone, Spaeth, Hester, Wickersham, Brosky, Johnson, Popovich, Disalle, Shertz
- **Cited by:** 9 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9762337

## Opinion text

BROSKY,
Judge, concurring:
For the reasons set forth in my concurring opinion in Williams v. Wolfe, 297 Pa.Super. 270 , 443 A.2d 831 (1982), (Brosky, J. Concurring Opinion), I believe that to subject a child born out of wedlock to a limitation period, however reasonable, is to limit that child’s unqualified right to receive support from his father. As other jurisdictions have held, such limitation violates the Equal Protection Clause of the United States Constitution. See: State of Florida, Department of Health and Rehabilitative Services v. West, 378 So.2d 1220 (Fla.1979); State of Montana, Department of Revenue, Department of Social Rehabilitative Services v. *435 Wilson, 634 P.2d 172 (Mont 1981); Stringer v. Dudoich, 92 N.M. 98 , 583 P.2d 462 (1978); County of Lenoir ex rel. Cogdell v. Johnson, 46 N.C.App. 182 , 264 S.E.2d 816 (1980). However, since I agree with the majority that appellant’s civil action for support is not barred, I agree with the majority’s decision to reverse and remand.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9762337. Public record. Not legal advice.