State Ex Rel. Susedik v. Knutson

There is no dispute about the facts nor is there any question but that the five-year statute of limitations as set by sec. 893.195 had run prior to the commencement of this action. Hence the only issue on this appeal is whether the trial court was correct in finding that appellant is estopped from asserting the statute of limitations as a defense to this paternity suit. We agree with the trial court.

True, in the 1905 case of Pietsch v. Milbrath 1 this court decided that estoppel could never be asserted to preclude a defense based on the statute of limitations. But, in 1960 in Peters v. Kell 2…