State Ex Rel. Werlein v. Elamore

The legislature provided that in initiating paternity proceedings under sec. 52.24, Stats., the court should interrogate the mother of the child as to “the place where such child was begotten.” Such inquiry was not made in the case at bar, and a timely motion for dismissal was made; we must determine whether this flaw is fatal. This in turn will depend on whether the legislative language is found to be mandatory or only directory. We conclude it is the latter and therefore affirm the trial court’s refusal to dismiss the action.

The place where the mother claims that the conception occurred may…