ADOPTION OF TSCHUDY


267 Wis. 272 (1954)

IN RE ADOPTION OF TSCHUDY: STATE DEPARTMENT OF PUBLIC WELFARE, Appellant, vs. TSCHUDY, Respondent.

Supreme Court of Wisconsin.

June 8, 1954.


Attorney(s) appearing for the Case

For the appellant there were briefs by the Attorney General and William A. Platz, assistant attorney general, and oral argument by Mr. Platz and by Mr. Rodney O. Kittelsen, district attorney of Green county.

For the respondent there was a brief by Oscar T. Toebaas of Madison, and Joseph D. Viney of Monroe, attorneys, and Toebaas, Hart, Kraege & Jackman of Madison of counsel, and oral argument by Mr. Toebaas and Mr. Viney.


STEINLE, J.

The State Department of Public Welfare, as appellant, challenges the judgment below and seeks a reversal of it upon the following grounds: (1) The trial court was without jurisdiction to decree the adoption for the reason that the department had not given its consent. (2) The court was without jurisdiction to review the administrative action of the department in refusing its consent to the adoption. (3) The department, not the petitioner, represents the...

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