Legal Opinion

Schiltz v. Roenitz

Wisconsin Supreme Court

Decided September 26, 1893PublishedCited by 31 opinions

APPEAL from the Circuit Court for Outagamie County. Action by the plaintiff for the recovery of damages for being deprived by the defendant of the services of his minor daughter since the 28th of December, 1887, and for alienating and estranging her affections from the plaintiff, her father.

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APPEAL from the Circuit Court for Outagamie County. Action by the plaintiff for the recovery of damages for being deprived by the defendant of the services of his minor daughter since the 28th of December, 1887, and for alienating and estranging her affections from the plaintiff, her father. The complaint has annexed to it, as an exhibit and part thereof, certain alleged proceedings for the adoption by the said defendant and Rosa, his wife, of the plaintiff’s daughter Mary, representing their desire to adopt her, and alleging that she was a child of John Schiltz and Christina, his wife, who…

1Opinion of the Court

PiNNEY, J".

It is not disputed but that a father has dominion, by right, over his minor children, nor that such primary right may be lost or forfeited by him by abandonment, neglect, or abuse. The right of the parent is not absolute and unconditional. The necessities and well-being of the social state enter so largely into the question of the dominion and control of the parent over his child that, in the interest of society and the physical and moral necessities of the child, the entire subject is one of appropriate legislation, providing in what manner the parent may be deprived or restrained…

2Cases cited7 opinions

  1. Windsor v. McVeighSupreme Court of the United States · 1876
  2. McVeigh v. United StatesSupreme Court of the United States · 1871
  3. In re FerrierIllinois Supreme Court · 1882
  4. Farnham v. PierceMassachusetts Supreme Judicial Court · 1886
  5. Milwaukee Industrial School v. Supervisors of Milwaukee CountyWisconsin Supreme Court · 1876

2 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. Dewitt v. BrooksTexas Supreme Court · 1944
  2. Smith v. SmithIdaho Supreme Court · 1947
  3. Lacher v. VenusWisconsin Supreme Court · 1922
  4. Sullivan v. People ex rel. HeeneyIllinois Supreme Court · 1906
  5. In re LivingstonAppellate Division of the Supreme Court of the State of New York · 1912

26 more not listed; retrieve them via the Exa API.

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