United States v. Dorothy Dore Grant, Now Known as Dorothy Dore King, Etc.

Ninth Circuit

United States v. Dorothy Dore Grant, Now Known as Dorothy Dore King, Etc.

286 F.2d 157, 1961 U.S. App. LEXIS 5525

CourtCourt of Appeals for the Ninth Circuit

DecidedJanuary 19, 1961

Docket16855

StatusPublished

Cited by3 cases

This text of 286 F.2d 157 (United States v. Dorothy Dore Grant, Now Known as Dorothy Dore King, Etc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Dorothy Dore Grant, Now Known as Dorothy Dore King, Etc., 286 F.2d 157, 1961 U.S. App. LEXIS 5525 (9th Cir. 1961).

Pincite

Opinion

PER CURIAM.

The judgment of the district court is reversed. It appears to us that the admission of an affidavit by one Isabelo Beltran asserting that he performed a marriage ceremony for the appellee Grant and Lieutenant John W. Grant during the chaotic times of World War II in the Philippines was error. We could uphold the judgment but for the court’s expressed partial reliance on the affidavit.

There should be a new trial unless the parties and the court are agreeable to resubmission of the case on the present record sans affidavit.

The burden of proof was on appellee, and it is easy to see that practical difficulties, if her story is correct, make it almost impossible for her financially 'to sustain the burden of proof if she must do it by herself with witnesses in the Philippines.

While the government has produced some contradictions, the trial judge is entitled to believe Mrs. Grant, if he is of the opinion that there is where the truth lies. And, he obviously did believe her after the affidavit came in.

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