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GERLACH v. THIEM

No. 347.

58 Wis.2d 113 (1973)

205 N.W.2d 779

GERLACH and another, by Guardian ad litem, and another, Plaintiffs and Respondents, v. THIEM and others, Defendants: COCKLE and others, Defendants and Appellants.

Supreme Court of Wisconsin.

Decided April 9, 1973.

Attorney(s) appearing for the Case

For the appellants there was a brief by Reinhart, Boerner, Van Deuren & Norris, S. C., attorneys, and Paul V. Lucke of counsel, all of Milwaukee, and oral argument by Mr. Lucke.

For the respondents there was a brief by Ray T. McCann and oral argument by Richard A. McDermott, both of Milwaukee.

HEFFERNAN, J.

The defendant's basic contention is that the action, if maintainable at all, should have been brought in the probate court. We do not agree. While the probate jurisdiction in county court is extensive, the probate courts, unlike the circuit courts, have limited jurisdiction and possess only such powers as have been conferred by statute. Guardianship of Bose (1968), 39 Wis.2d 80

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