STATE EX REL. LYONS v. DE VALK

No. 230.

47 Wis.2d 200 (1970)

177 N.W.2d 106

STATE EX REL. LYONS, Appellant, v. DE VALK, Respondent.

Supreme Court of Wisconsin.

Decided June 2, 1970.


Attorney(s) appearing for the Case

For the appellant the cause was argued by Gerald G. Pagel, assistant corporation counsel of Milwaukee county, with whom on the brief were Robert W. Warren, attorney general, and Robert P. Russell, corporation counsel.

For the respondent there was a brief and oral argument by Joseph H. Hallows of Milwaukee.


WILKIE, J.

The only issue raised by this appeal is whether in a paternity action where the defendant has made a timely request for blood tests of the parties and the child, and the mother has terminated her parental rights to the child without notice to the defendant, the failure of the complainant to appear with the child for the blood tests was a denial of due process of law to the defendant, and thus grounds for dismissal of the action on the merits.

Paternity...

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