Action, to recover for aid furnished to the defendant’s minor son. The defendant, who lived with his wife for two months after the child was begotten, offered to show that his wife was guilty of adultery during the period of gestation. The evidence was excluded, and the defendant excepted. Transferred from the February term, 1904, of the superior court by Stone, J.
Good law ✅— No negative treatment on recordhow we know
Decided 1904-06-07
How this case has been cited
Cited by 4 later decisions — most recently November 1951
4 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
¶1
The fact the defendant offered to show was collateral to the issue, and its exclusion raises no question of law.
*592
All children begotten while their parents are living together as man and wife are presumed to be legitimate, and this presumption cannot be rebutted by showing that the wife was guilty of adultery during the period of gestation.
Parker
v.
Way,
15 N. H. 45;
Hemmenway
v. Towner, 1 Allen 209;
Cross
v.
Cross,
3 Paige 139,—23 Am. Dec. 778;
Rex
v.
Luffe,
8 East 193.
