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STATE EX REL. WERLEIN v. ELAMORE

33 Wis.2d 288 (1967)

STATE EX REL. WERLEIN, Respondent, v. ELAMORE, Appellant.

Supreme Court of Wisconsin.

January 3, 1967.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Paul Pike Pullen of Milwaukee.

For the respondent the cause was argued by Joseph J. Esser, assistant corporation counsel of Milwaukee county, with whom on the brief were Bronson v. La Follette, attorney general, and Robert P. Russell, corporation counsel.

GORDON, J.

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...

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