1. Home
  2. Browse Decisions
  3. Wis.2d
  4. 8 Wis.2d
  5. 8 Wis.2d 246 (1959)
 

BORDEN CO. v. McDOWELL

8 Wis.2d 246 (1959)

BORDEN COMPANY, Respondent, v. McDOWELL and another, Appellants. WRIGHT & WAGNER DAIRY COMPANY, Respondent, v. SAME, Appellants.

Supreme Court of Wisconsin.

November 3, 1959.

Attorney(s) appearing for the Case

For the appellants the cause was argued by Robert J. Vergeront and Albert O. Harriman, assistant attorneys general, with whom on the brief was John W. Reynolds, attorney general.

For the respondents there was a brief by Shea & Hoyt, attorneys, and Ralph M. Hoyt of counsel, all of Milwaukee; Joseph A. Greaves of Chicago, Illinois, of counsel, for the Borden Company; Walter L. Dilger of Chicago, Illinois, of counsel, for the Wright & Wagner Dairy Company; and oral argument by Mr. Hoyt and Mr. Greaves.

A brief was filed by Schubring, Petersen, Sutherland & Axley and Floyd A. Brynelson, all of Madison, as amici curiae.

BROWN, J.

For convenience we will speak as though there is only one action and one appeal before us.

Appellant's first argument is that the action is not a proper one for declaratory judgment because the respondents have not yet been prosecuted for violation of the statute nor has appellant threatened them with prosecution. The appellant is duty-bound to enforce these statutes. That enforcement would greatly interfere...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases