Schmidt v. Schmidt

We are asked on this appeal to find that there was a “clear and satisfactory preponderance of the evidence” upon which the trial court should have found that Floyd Schmidt was not the father of the child, Carlos.

The evidence which tends to support the judgment of the trial court consists of the following factors:

1. Elizabeth and Floyd Schmidt were husband and wife at the time of the child’s birth, and therefore the child is presumed to be legitimate. Sec. 328.39 (1) (a), Stats.

2. Mr. and Mrs. Schmidt were living in the same house at the time of the child’s conception and birth.

3. Both the…