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PROCHNOW v. PROCHNOW

274 Wis. 491 (1957)

PROCHNOW, Respondent, vs. PROCHNOW, Appellant.

Supreme Court of Wisconsin.

January 7, 1957.

Attorney(s) appearing for the Case

For the appellant there was a brief by Kenney & Hays of Milwaukee, and oral argument by Byron J. Hays.

For the respondent there was a brief by Alvin L. Zelonky of Milwaukee, and oral argument by Mr. Zelonky and by Mr. Harry E. Fryatt, Jr., of Waukesha.

BROWN, J.

The trial judge found the fact to be that Robert is the father of Joyce's child. The question is not whether, on this evidence, we would have so found: What we must determine is whether that finding constituted reversible error.

Sec. 328.39 (1) (a), Stats., commands:

"Whenever it is established in an action or proceeding that a child was born to a woman while she was the lawful wife of a specified...

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