Clark v. Bradstreet
Supreme Judicial Court of Maine
On exceptions from superior court. The case and material point are stated in the opinion. It is a well known physiological fact that peculiarities of form and feature and personal traits are often transmitted from parent to child, and although taken by itself, proof of such resemblance might be insufficient to establish its paternity, but it is clearly a circumstance to be considered in connection with the other facts.
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On exceptions from superior court. The case and material point are stated in the opinion. It is a well known physiological fact that peculiarities of form and feature and personal traits are often transmitted from parent to child, and although taken by itself, proof of such resemblance might be insufficient to establish its paternity, but it is clearly a circumstance to be considered in connection with the other facts. Finnegan v. Dugan, 14 Allen, 197 ; Gilmanton v. Ham, 38 Ñ. H. 108 ; State v. Woodruff, 67 N. C. 89 ; Wharton on Ev. Yol. 1, 347 ; Warlech v. White, 76 N. C. 175 ; State v.…
1Opinion of the CourtPoster, J.
This was a bastardy process in which a verdict was rendered for the complainant.
*456At the trial the child, then but six weeks old, ,was offered, admitted in evidence, and exhibited to the jury by the complainant against the defendant’s objection, and exceptions were taken.
Notwithstanding the paternity of the child was sought to be established and the putative father was defendant in the suit, we think the exceptions must be sustained.
The only object for which it is claimed that the child was introduced in evidence and viewed by the jury, was to enable them to judge from a comparison of its…
2Cases cited9 opinions
- In re the Appeal of the Des Moines Water Co.Supreme Court of Iowa · 1878
- State Ex Rel. Stubblefield v. WoodruffSupreme Court of North Carolina · 1872
- Warlick v. . WhiteSupreme Court of North Carolina · 1877
- Garvin v. StateMississippi Supreme Court · 1876
- Young v. MakepeaceMassachusetts Supreme Judicial Court · 1869
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3Cited by20 opinions
- State v. DanforthSupreme Court of New Hampshire · 1905
- Anderson v. AupperleOregon Supreme Court · 1908
- State v. NeelUtah Supreme Court · 1901
- Jaffe v. DeckardCourt of Appeals of Texas · 1924
- State v. ZihlavskyLouisiana Court of Appeal · 1987
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