APPEAL ALLOWED.

Timaru Herald, Volume CXXXIV, Issue 18817, 4 March 1931, Page 10

APPEAL ALLOWED.

CHINESE ESCAPES LIABILITY. By Telegraph—Press Association AUCKLAND, March 3. Mr Justice Herdman to-day allowed thq appeal of Ah Chuck, market gardener, against the Magistrate’s order adjudging him the father of a child born to Mrs Elizabeth Evelyn Hedges, while she was married to and living normally with her husband. The appeal was by way of a rehearing. Mrs Hedges’ evidence, which was that Ah Chuck was the child's father was provisionally admitted. Medical evidence was given to the effect that the child was a halfcaste, with Mongol characteristics. It was also established that six months after the child’s birth Hedges obtained a divorce from his wife on the ground of her misconduct with Ah Chuck. Mr Justice Herdman, in his judgment cites the law that a husband or wife cannot' illegitimatise a chijd unless it is clearly proved that it is impossible for both of them to be its parents. He therefore excluded Mrs Hedges’ evidence, and held that the remaining evidence was insufficient to establish illegitimacy. The appeal was allowed with £lO/10/-' costs.