Janet Limberg v. Harold Limberg Et Al‪.‬

Proceeding for blood tests of plaintiff, defendant, and child following a divorce action. The plaintiff wife was granted a
divorce from the defendant husband on April 1, 1957. The action was contested by the husband, hereinafter referred to as the
defendant. At the beginning of the trial the plaintiff testified that she was pregnant and that she expected her child to
be born in April, 1957. He was born on April 20, of that year. Prior thereto the parties had but one child, born on January
4, 1953. When plaintiff's pregnancy was testified to the defendant's attorney stated that they were going to contest the paternity
of the child. On July 17, 1957, based upon an affidavit by the defendant, the court ordered the plaintiff to show cause on
July 19, 1957, why a blood test should not be ordered for the plaintiff, the defendant, and the child, under the provisions
of sec. 325.23, Stats. 1957. Thereafter the child was made a party to the action and a reputable attorney was appointed as
his guardian ad litem. Before the application for the blood test was determined by the trial court, the defendant appealed to this court from the
judgment of divorce. Upon the appeal the defendant alleged errors upon the trial and that there was insufficient evidence
to warrant a judgment of divorce. Our decision upon the appeal was handed down on November 5, 1958, and appears in 5 Wis.
2d 327, 92 N.W.2d 767. The judgment was affirmed. Among the findings of fact by the trial court was the following: