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

  1. Stanley v. IllinoisSupreme Court of the United States · 1972
  2. Gomez v. PerezSupreme Court of the United States · 1973
  3. Slawek v. StrohWisconsin Supreme Court · 1974
  4. State ex rel. Wisconsin Allied Truck Owners Ass'n v. Public Service CommissionWisconsin Supreme Court · 1932
  5. Miller v. CurrieWisconsin Supreme Court · 1932

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

3Cited by18 opinions

  1. American Family Mutual Insurance v. Royal Insurance Co. of AmericaWisconsin Supreme Court · 1992
  2. Gaddis v. LaCrosse Products, Inc.Wisconsin Supreme Court · 1996
  3. W.R.W. v. BartholomewWisconsin Supreme Court · 1984
  4. Spada v. PauleyMichigan Court of Appeals · 1986
  5. 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.

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