Robinson v. Eaves

(dissenting.) — I am unable to agree to the conclusion of the majority. The conclusive presumption created by Section 1402 of the Code of 1924 no doubt groAvs out of the Avell-known fact that children under the age of sixteen usually accompany and reside with the mother. This well-known fact doubtless suggested to the legislature that the presumption should be extended to stepchildren. In other wrnrds, the justification for the conclusive presumption is the almost universal fact of dependency of children under sixteen years of age upon the father or stepfather for support. We held, in Hoover…