Thomas v. Tesch

268 Wis. 338 (1954)

THOMAS, by Guardian ad litem, Appellant,

vs.

TESCH and another, Respondents.[*]

Supreme Court of Wisconsin.

November 11, 1954.

December 7, 1954.

For the appellant there was a brief by Van Susteren & Bollenbeck of Appleton, and oral argument by Urban P. Van Susteren.

For the respondents there was a brief by Benton, Bosser, Fulton, Menn & Nehs of Appleton, and oral argument by David L. Fulton.

CURRIE, J.

This court, in Shaske v. Hron (1954), 266 Wis. 384, 63 N. W. (2d) 706, held that as a matter of law a child under the age of five and one-half years is incapable of either…