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MOGEN DAVID WINE CORP. v. BORENSTEIN

267 Wis. 503 (1954)

MOGEN DAVID WINE CORPORATION, Appellant, vs. BORENSTEIN, Respondent.

Supreme Court of Wisconsin.

October 5, 1954.

Attorney(s) appearing for the Case

For the appellant there were briefs and oral argument by Albert Bahcall, attorney, and Ray J. Aiken of counsel, both of Milwaukee.

For the respondent there was a brief by Gold & McCann of Milwaukee, and oral argument by Ray T. McCann.

CURRIE, J.

Sec. 268.02 (1), Stats., provides as follows:

"(1) When it appears from his pleading that a party is entitled to judgment and any part thereof consists in restraining some act, the commission or continuance of which during the litigation would injure him, or when during the litigation it shall appear that a party is doing or threatens or is about to do, or is procuring or suffering some act to be done in...

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