State ex rel. Washington v. Dilworth

Respondent on appeal petitions for reconsideration of our opinion, 85 Or App 169, 735 P2d 1281 (1987), which reversed a jury verdict in his favor and remanded for a new trial. We grant reconsideration, withdraw our former opinion and affirm.

This is a filiation proceeding brought by the state. The child’s mother was married at the time of the child’s birth, although she was not cohabiting with her husband, Beeson. In response to the filiation petition, the alleged father (respondent) filed affirmative defenses, including an allegation that Beeson was presumed to be the father under ORS…