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SIEDENBURG v. SEVERSON

No. 82.

50 Wis.2d 40 (1971)

183 N.W.2d 35

SIEDENBURG, Special Administratrix, Respondent, v. SEVERSON, Appellant: STRANNEY and others, Defendants.

Supreme Court of Wisconsin.

Decided February 2, 1971.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by L. William Connolly of Milwaukee.

For the respondent there was a brief and oral argument by Kenneth J. Ehlenbach of Milwaukee.

WILKIE, J.

A single issue is presented on this appeal: Did the trial court abuse its discretion in denying appellant's motion to dismiss respondent's complaint wherein she changed her capacity as plaintiff from personal to special administratrix?

There was no abuse of discretion. The order must be affirmed. Respondent is clearly entitled to bring the action either in her own behalf or as personal representative of the decedent.1

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