Evidence - Supreme Court Review
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Authors
Issue Date
1980
Type
Journal Article
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Abstract
INTRODUCTION|In Roebuck v. Fraedrich the court admitted a mother's testimony concerning the illegitimacy of her child. The court thereby clarified and limited its ruling in Ford v. Ford. In Ford the court held, "the testimony of a husband or wife is not competent evidence on which to support the illegitimacy of a child born during wedlock. Roebuck was a paternity suit against the defendant wherein the child was conceived while the mother-plaintiff was married to another man. The mother testified that she was separated from her husband at the time of conception and had engaged in sexual relations with only the defendant. The defendant objected to this testimony, citing the Ford rule. The court distinguished Ford on the basis of the parties involved. In Ford the parties were husband and wife. In Roebuck the parties were unmarried. Exclusion of testimony on the issue of illegitimacy is limited to suits between husbands and wives. Justice Clinton admitted the testimony relying on section 13-112 of the Nebraska Statutes which states: "the alleged father and mother shall be competent to testify."...
Description
Citation
13 Creighton L. Rev. 188 (1979-1980)
Publisher
Creighton University School of Law