Coler v. McTighe

Order of filiation of the Court of Special Sessions reversed on the law and the facts and a new trial ordered. The marriage of the complaining witness, prior to her alleged relations with the defendant, was competently established by her own testimony. (Christy v. Clarke, 45 Barb. 529.) Once established, the marital relation is presumed to continue, and a child born during its continuance is presumed to be legitimate, the presumption continuing until satisfactory proof to the contrary is shown. (Caujolle v. Ferrié, 23 N. Y. 90.) In the present case the presumption of legitimacy was…