Prochnow v. Prochnow

The trial judge found the fact to be that Robert is the father of Joyce’s child. The question is not whether, on this evidence, we would have so found: What we must determine is whether that finding constituted reversible error.

*494Sec. 328.39 (1) (a), Stats., commands:

“Whenever it is established in an action or proceeding that a child was born to a woman while she was the lawful wife of a specified man, any party asserting the illegitimacy of the child in such action or proceeding shall have the burden of proving beyond all reasonable doubt that the husband was not the father of the child. . . .”