Legal Opinion
J. M. S. Ex Rel. Webb v. Benson
Wisconsin Supreme Court
Decided September 30, 1980No. 78-246PublishedCited by 18 opinions
1Opinion of the CourtCoffey, J.
Robert Benson (defendant-petitioner) appeals from a decision of the court of appeals 1 holding that an illegitimate child, J.M.S. (plaintiff-respondent) can maintain an action for a declaratory judgment to establish his paternity.
The plaintiff and his mother as next friend 2 privately commenced this action, i.e., without the participation of the district attorney, by the filing of a summons and complaint with the Dane county clerk of court on January 24, 1977. 3 The complaint alleged that Benson is the father of the plaintiff born on March 14, 1965 (more than 11 years prior to the…
2Cases cited22 opinions
- Stanley v. IllinoisSupreme Court of the United States · 1972
- Gomez v. PerezSupreme Court of the United States · 1973
- Slawek v. StrohWisconsin Supreme Court · 1974
- State ex rel. Wisconsin Allied Truck Owners Ass'n v. Public Service CommissionWisconsin Supreme Court · 1932
- Miller v. CurrieWisconsin Supreme Court · 1932
17 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- American Family Mutual Insurance v. Royal Insurance Co. of AmericaWisconsin Supreme Court · 1992
- Gaddis v. LaCrosse Products, Inc.Wisconsin Supreme Court · 1996
- W.R.W. v. BartholomewWisconsin Supreme Court · 1984
- Spada v. PauleyMichigan Court of Appeals · 1986
- Grober v. State, Department of Revenue, Child Support Enforcement Division Ex Rel. C.J.W.Alaska Supreme Court · 1998
13 more not listed; retrieve them via the Exa API.