WAKE COUNTY EX REL. MANNING v. GREEN

No. 8110DC14.

279 S.E.2d 901 (1981)

WAKE COUNTY, ex rel. Helen MANNING v. James GREEN.

Court of Appeals of North Carolina.

July 7, 1981.


Attorney(s) appearing for the Case

Asst. Wake County Attys. Shelley T. Eason and John C. Cooke, Raleigh, for plaintiff-appellant.

Earle R. Purser, Raleigh, and Becky I. Matthews, Raleigh, for defendant-appellee.


ARNOLD, Judge.

Plaintiffs contend that the trial court erred in concluding that the presumption of legitimacy required plaintiffs to prove that access between Helen Manning and her estranged husband was impossible at the time the child was conceived.

The presumption of legitimacy is an ancient English common law doctrine which, in its original form, conclusively presumed that a child born of a married woman was legitimate unless the husband was shown to be...

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