Section 1833

Citation: Section 1833
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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[5] The burden of proof did not rest on defendant to prove that he was not the father of the child. Nevertheless, in his attempt to show that Miss Berry had had illicit relations with other men it was incumbent upon him to show that such relations were had at or about the time when, in the ordinary course of nature, the child must have been conceived (Estate of Gird, 157 Cal. 534, 547 [108 P. 499, 137 Am.St.Rep. 131]; Kyne v. Kyne, 38 Cal.App.2d 122, 131 [100 P.2d 806]), and that at such time there existed both the desire and the opportunity on the part of Miss Berry and a man other than defendant *663 to have improper relations. (Mensing v. Croter, 209 Cal. 318, 320 [280 P. 1026, 287 P. 336].)

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