State v. Benz

Wisconsin Supreme Court
State v. Benz, 295 N.W. 779 (Wis. 1940)
236 Wis. 390; 1941 Wisc. LEXIS 342
Rosenberry

State v. Benz

Opinion of the Court

Rosenberry, C. J.

What is really sought in this case is an overruling of the holding in State ex rel. Attorney General v. Manske (1939), 231 Wis. 16, 285 N. W. 378. In that case in a similar action it was held that whether a court should issue a temporary restraining order pending judgment is a matter resting in the sound judicial discretion of the trial court. Under the circumstances we are not disposed at this time to review this question. The injunction not having been issued, there has been no violation, and “standards” having been held to be invalid, the question is now moot.

By the Court. — The order appealed from is affirmed.

Reference

Full Case Name
State, Appellant, vs. Benz, Respondent
Status
Published