Canaan v. Avery

Supreme Court of New Hampshire

Canaan v. Avery

58 A. 509, 72 N.H. 591, 1904 N.H. LEXIS 70

CourtSupreme Court of New Hampshire

DecidedJune 7, 1904

StatusPublished

Cited by6 cases

This text of 58 A. 509 (Canaan v. Avery) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Canaan v. Avery, 58 A. 509, 72 N.H. 591, 1904 N.H. LEXIS 70 (N.H. 1904).

Pincite

Opinion

Young, J.

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.

Exception overruled.

All concurred.

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Young, J.

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.

Exception overruled.

All concurred.

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Bluebook (online)

58 A. 509, 72 N.H. 591, 1904 N.H. LEXIS 70, Counsel Stack Legal Research, https://law.counselstack.com/opinion/canaan-v-avery-nh-1904.

Opinion

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