Legal Opinion · Dissent

Ventresco v. Bushey

Supreme Judicial Court of Maine

Decided May 28, 1963Published

1DissentTapley, J.

The majority opinion of this court has now declared that the presumption of legitimacy may be rebutted by the declarations, admissions or testimony of the mother as to *252the non-access of her husband, therefore making it legally possible for the mother (in this case) to bastardize her own child. The majority of the court speaks in the following language:

“We do not lightly cast aside a rule of evidence which has never before been challenged by our court. But in the face of facts such as are apparent in the instant case where blind adherence to an illogical doctrine can result only in the…

2Cases cited4 opinions

  1. In Re the Estate of FindlayNew York Court of Appeals · 1930
  2. Loudon v. LoudonSupreme Court of New Jersey · 1933
  3. Hubert v. CloutierSupreme Judicial Court of Maine · 1937
  4. Monahan v. MonahanSupreme Judicial Court of Maine · 1946

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API