Potasz v. Potasz

From a judgment in favor of defendant after trial before the court without a jury in a proceeding to have defendant declared the father of plaintiff, Thomas Ahlborn Potasz, plaintiff appeals.

The evidence being viewed in the light most favorable to defendant (respondent), and pursuant to the rules set forth in Estate of Isenberg, 63 Cal.App.2d 214, 216 et seq. [146 P.2d 424], the material facts are these:

On September 8th and 9th, 1941, defendant had sexual relations with Mable Ahlborn, mother of the plaintiff. On both occasions defendant used contraceptives. At the time defendant was impotent.…