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STATE AND F. E. FOWLER v. ELIAS ROSE.

Bastardy — Presumption of Legitimacy.

Where a child is born in wedlock the law presumes it to be legitimate, and the presumption can only be removed by proof of impossibility of access or impotency of the husband.

READE, J.

There is no error in the order appealed from. (240) Where a child is born in wedlock the law presumes it to be legitimate; and this presumption can only be removed by proof of impossibility of access or impotency of the husband.

This will be certified, that the proceedings may be quashed.

PER CURIAM. Affirmed.

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STATE v. ROSE
(Jun 1, 1876)