SCHIERENBECK v. MINOR

No. 19881.

367 P.2d 333 (1961)

James Henry SCHIERENBECK, Plaintiff in Error, v. Mary K. MINOR, Petitioner by her next friend and mother, Mrs. George K. Minor, Defendant in Error.

Supreme Court of Colorado. En Banc.

December 18, 1961.


Attorney(s) appearing for the Case

Gaunt, Byrne & Dirrim, Brighton, for plaintiff in error.

No appearance for defendant in error.


FRANTZ, Justice.

An adjudication in dependency proceedings that Schierenbeck is the father of Sherrie Lynn, a child born to petitioner Mary K. Minor, is attacked by writ of error on several grounds. Insufficiency of evidence to establish that he is her procreator and insufficiency of evidence to overcome the presumption of legitimacy are basically the contentions upon which Schierenbeck pitches his attack.

It is not disputed that an act of intimacy between...

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