Commissioner of Public Welfare v. Ladutko

I concur in the opinion of Mr. Justice Cohn that incompetent evidence was received.

I vote to reverse and dismiss the proceeding on the additional ground that the evidence in this case does not sustain the finding of the court that the defendant was the father of the complainant’s child. The evidence offered to prove that fact was unsatisfactory and insufficient, particularly in view of the strong presumption of legitimacy. The documentary evidence in the record discloses that the complainant’s child was born on February 15, 1929, at which time the complainant was married to her first husband,…