Louis v. Louis

Opinion

ELKINGTON, J.

This appeal concerns the application of Evidence Code section 621 which became effective January 1, 1967, and reads as follows: “Notwithstanding any other provision of law, the issue of a wife cohabiting with her husband, who is not impotent, is conclusively presumed to be legitimate.” The section is a reenactment of Code of Civil Procedure section 1962, subdivision 5 (repealed as of January 1, 1967) of identical language, except that the earlier statute carried the word “indisputably” instead of “conclusively.” The meaning remains unchanged.

These sections have repeatedly…