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HERRIN v. HERRIN

33968.

242 Ga. 256 (1978)

248 S.E.2d 651

HERRIN v. HERRIN.

Supreme Court of Georgia.

Decided September 27, 1978.

Attorney(s) appearing for the Case

Roy M. Sobelson, for appellant.

Leaphart, Gibbs & Smith, Alvin Leaphart, for appellee.

UNDERCOFLER, Presiding Justice.

In this divorce action, the trial judge found the husband was not the father of the child for whom child support was sought. The mother appeals. We reverse.

Once sexual intercourse between the husband and wife is proved, nothing short of impossibility will rebut the presumption of legitimacy of the child born to the wife. Wright v. Hicks, 15 Ga. 160, 170 (9) (1854). Accord, Simeonides v. Zervis,

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