About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

COMMENTS REGARDING MODEL CODE OF EVIDENCE, BOOK 6 1 (1939-1942)

handle is hein.ali/alievidence0043 and id is 1 raw text is: UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA No. 7559 MARY E. BEACHI, INFANT, BY HER NEXT FRIEND ARDELLE K. GARNER, APPELLANT V. JAMES E. BEACH, APPELLEE Appeal from the District Court of the United States for the District of Columbia Decided June 28, 1940 John T. ionner, of Washingtcn, D. C., for appellant. John Paul Jones, of Washington, D. C., for appellee. Before SwrEPHENs, EnomRToN, and RUTLEDGE, J. J. EDGERTON, J.: Appellant sued her husband, the appellee, for maintenance, and alleged that she was pregnant by him. Appellee denied paternity, charged appellant with adultery, and counterclaimed for divorce. Appellant's child was born pending suit, and the Dis- trict Court, on appellee's motion, ordered appellant and the child to submit to a blood grouping test for comparison of their blood with appellee's. This is a special appeal from that order. The sole ques- tion is whether the court was authorized to make it. The value of blood grouping tests as proof of non-paternity is well known. On this point it is enough to cite the report of the Amer- ican Medical Association's Committee on Medicolegal Blood Grouping Tests,' which shows that although such tests cannot prove paternity, and cannot always disprove it, they can disprove it conclusively in a great many cases provided the.y are administered by specially qualified experts. When the bloods of mother and child belong to certain groups, there are certain groups to which the father's blood cannot belong. If the putative father's blood is in such a group, he is excluded; i. e., be is not the actual father. The report shows that although control tests with serum are of little value in infants' (babies, an infant's blood group can almost invariably he determined by testing the blood cells alone. In cases in which there is any doubt in the mind of the examiner, the child should be reexamined at a later date when the agglutinins have appeared in the plasma. In gen- eral it may be advised that infants should not be examined until they are at least 1 month old. 2 Three eminent scientists, Doctors Ludvig 1 108 Jour, of Am. Med. Assn., 2188-2142; June, 1937. 2 P. 2141. 240051-40

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most