Berry v. Chaplin, 74 Cal. App. 2d 652 (1946)

Citation: Berry v. Chaplin, 74 Cal. App. 2d 652 (1946)
Parent Document: Berry v. Chaplin, 74 Cal. App. 2d 652 (1946)
Jurisdiction: California (state)
Effective Date: 1946-05-27
Original Source: https://www.courtlistener.com/opinion/2616982/berry-v-chaplin/ ↗

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“It is further stipulated that in the event two of said physicians shall determine, as the result of said test or tests that the defendant herein is not the father of said child of Joan Berry, then and in such event the above entitled action shall be forthwith dismissed, with prejudice, and the defendant herein shall not thereafter be obligated to make any other or further payments in the above entitled action for any purpose whatsoever. In the event plaintiff’s attorneys of record shall fail or refuse to file with the clerk of the above entitled court an order for the dismissal of said action with prejudice, under the circumstances and at the time hereinabove agreed upon, then and in such event the defendant may, without prior notice, present to the above entitled court a copy of said medical report of said two physicians, acknowledged by them before a Notary Public, and upon the presentation of said acknowledged copy of said report, the said court shall then and thereupon order the dismissal of the above entitled action, with prejudice. ’ ’

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