State ex rel. Burkhart v. Ferguson
Decision Date | 12 December 1919 |
Docket Number | No. 32428.,32428. |
Citation | 174 N.W. 934,187 Iowa 1073 |
Parties | STATE EX REL. BURKHART v. FERGUSON. |
Court | Iowa Supreme Court |
OPINION TEXT STARTS HERE
Appeal from District Court, Harrison County; O. D. Wheeler, Judge.
Defendant was found guilty in a bastardy proceeding, and appeals. Affirmed.Burke & Tamisiea, of Missouri Valley, for appellant.
S. H. Cochran and P. E. Roadifer, both of Logan, for appellee.
Minnie Kuhlman, who was then unmarried, was on May 29, 1914, delivered of an illegitimate child and on November 3, 1915, she married Paul Burkhart. On February 2, 1916, a complaint charging defendant with the paternity of the child and asking judgment in the sum of $3,000, and an order charging the defendant with the maintenance thereof, was filed in the office of the clerk of the district court of Harrison county. A trial was had to a jury resulting in a verdict of guilty. The defendant on the trial denied that he at any time sustained illicit relations with the mother and sought to show facts from which the jury might infer that Burkhart was the father of the child. The evidence offered was, however, wholly insufficient for that purpose.
Mrs. Burkhart testified that her husband came to see her about a week after the child was born, at which time a marriage between them was discussed. The sole reliance of defendant for reversal is his contention that Paul Burkhart, by his marriage to the mother of the child, stands to it in the relation of a parent, and that, as the marriage occurred during the period while the child received nourishment from the mother, the doctrine of State v. Shoemaker, 62 Iowa, 343, 17 N. W. 589, 49 Am. Rep. 146, to the effect that a party marrying a pregnant woman is presumed to be the father of the child, is applicable. We fail to find any reason for applying the doctrine of that case to the case at bar. The reason of the rule announced in State v. Shoemaker, supra, is stated as follows:
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