Legal Opinion · Dissent

Houghton v. Houghton

Nebraska Supreme Court

Decided November 12, 1965No. 35943Published

1DissentWestermark, District Judge

The child, Sandra Kay Houghton, involved in this action was born during wedlock. She is presumed to be the child of the defendant in this case unless the presumption is overcome by clear and convincing evidence. Nebraska recognizes this presumption of parentage. Zutavern v. Zutavern, 155 Neb. 395, 52 N. W. 2d 254. As recently as in 1963, Volume 10 Am. Jur. 2d was published. Under the title of “Bastards” section 11, page 852, we find the following rule: “While the former arbitrary rule has been relaxed so that the presumption of legitimacy of a child begotten or born in wedlock is now…

2Cases cited2 opinions

  1. Beach v. BeachCourt of Appeals for the D.C. Circuit · 1940
  2. Zutavern v. ZutavernNebraska Supreme Court · 1952

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