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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The effect of the stipulation in question here was to rest the final judgment and the determination of the rights of the unborn infant solely upon the unverified report of two physicians. This was an attempt to deprive the court of the power to receive any evidence concerning the paternity of the child other than the report of the physicians, and to make conclusive " that which has not been declared by the Legislature to be conclusive (see Code Civ. Proe., "§§ 1837, 1978), and which the Supreme Court of this state has expressly declared is not conclusive. (Arais v. Kalensnikoff, 10 Cal.2d 428, 432 [74 P.2d 1043,115 A.L.R. 163].)

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