Tierce v. Ellis - Dissent Urges Justices To Decide By Facts
maddox argued
Though five justices agreed in the decision to reverse the lower court's finding, Justices Maddox and Ingram dissented. Justice Maddox, in his dissenting opinion, argued that "the evidence clearly and convincingly shows that it is naturally, physically, or scientifically impossible for the husband to be the father." He argued that the legal issues in this case should be decided based on the facts, without the application of statutory or common law presumptions that he believed had been "exploded."
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