Harkrader v. Reed

Citations

• 5 Alaska 668

Syllabus

<p>1. Bastards <&wkey;3—Evidence—Presumption oe Begitimacy.</p> <p>When a marriage is once proven or admitted, there is a presumption of law well-nigh conclusive that any child born during that marriage is legitimate. So strong is this presumption that it cannot be overcome, except by clear and convincing proof that the husband has had no access to the wife at' the period of time at which by the laws of nature the child must have been begotten.</p> <p>2. Marriage &wkey;>51—Evidence—Jury.</p> <p>Where the evidence was offered by two Indian women, relatives of the alleged wife, who was an Indian woman also, that a white man took the alleged wife to his home and agreed to live with her as his wife, and by whom he had a child during such period, held, the question whether the facts amounted to a common-law marriage is for the jury.</p> <p>tgssSee same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p> <p>3. Marriage @=47—Evidence—Bastards.</p> <p>If marriage be proved or admitted, declarations of the parents will not be admitted to defeat the consequences of marriage, as that the children are bastards; but, where the question is marriage vel non, the declarations of the parties themselves, if deceased, that they were or were not married, provided that they were made ante litem motam, are admissible evidence of the fact declared.</p> <p>4. New Trial @=3o—Evidence—Exclusion.</p> <p>On the question of the legitimacy of- one who claimed as the legitimate daughter of a deceased father, evidence offered by witnesses of the declarations of the mother and the putative father was rejected. On motion for a new trial, held, the court should have allowed the testimony of the witnesses as to the declarations of the putative father and the mother to go to the jury under proper instructions. New trial granted.</p> <p><§=s>See same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p>