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STATE EX REL. SUSEDIK v. KNUTSON

No. 142.

52 Wis.2d 593 (1971)

191 N.W.2d 23

STATE EX REL. SUSEDIK, Respondent, v. KNUTSON, Appellant.

Supreme Court of Wisconsin.

Decided November 2, 1971.

Attorney(s) appearing for the Case

For the appellant there was a brief by Samuel L. Brugger, and oral argument by Robert A. Kay, both of Madison.

For the respondent there was a brief by Fugina, Kostner, Ward, Kostner & Galstad and LaVern G. Kostner, all of Arcadia, and oral argument by LaVern G. Kostner.

WILKIE, J.

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...

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