PERKINS v. YOUNG


266 Wis. 33 (1954)

PERKINS and others, Respondents, vs. YOUNG and wife, Appellants.

Supreme Court of Wisconsin.

February 2, 1954.


Attorney(s) appearing for the Case

For the appellants there were briefs by Chatterton & Silver of Madison, and oral argument by Robert D. Silver.

For the respondents there was a brief by Flom & Mortensen of Madison, and oral argument by Robert Mortensen.


CURRIE, J.

The defendants raise the following two contentions upon this appeal:

(1) That the structure which they erected was a "belowgrade garage which did not violate the restrictions of the plat," and,

(2) It was an abuse of discretion for the trial court to refuse to permit the mandatory-injunction portion of the judgment to be amended so as to allow the two side walls of the garage to remain and be used as retaining walls for the proposed driveway...

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