State ex rel. Dwight v. Justice

This is a paternity proceeding in which plaintiff was seeking to establish that defendant, rather than her then lawful husband, was the father of her child. She also sought child support payments. Prior to trial the parties entered into the following stipulation as to the facts:

“1. June E. Dwight was married to and was cohabiting with her husband, Douglas W. Dwight at the time of the conception of the child in question.

“2. The child in question was conceived in June, 1967.

“3. Douglas W. Dwight was not impotent at the time of conception of said child.”

Based on the above stipulated facts the…