Shepherd v. Shepherd

1 Citing case

  1. Pyeatte v. Pyeatte

    21 Ariz. App. 448 (Ariz. Ct. App. 1974)   Cited 10 times
    Noting that a party's "testimony alone" may be sufficient to support a court's conclusion

    On the other hand, we have found numerous decisions upholding trial court rulings that the presumption of legitimacy was not conclusively overcome by medical evidence of sterility. Lucas v. Williams, 218 Md. 322, 146 A.2d 764 (1958); Tosh v. Tosh, 214 Cal.App.2d 483, 29 Cal.Rptr. 613 (1963); Houston v. Houston, 199 Misc. 469, 99 N.Y.S.2d 199 (1950); Shepherd v. Shepherd, 314 Ky. 575, 236 S.W.2d 477 (1951); Smith v. Smith, 71 S.D. 305, 24 N.W.2d 8 (1946); Whitman v. Whitman, 215 N.E.2d 689 (Ind.App. 1966). In each of these cases, appellate courts have refused to reverse findings of paternity (i.e., hold that the husband's burden of proof was met as a matter of law) despite testimony of medical experts that the husband was sterile.