State v. Jewell

The following opinion was filed July 1, 1947:

Rosenberry, C. J.

(on motion for rehearingj. The defendants move for a rehearing on the ground that a part of the issues have been determined by the declaratory judgment and part have not; that therefore the judgment should be reversed with directions to proceed under sec. 86.04, Stats.

The plaintiff on rehearing contends that the proceeding under sec. 86.04, Stats., is not an exclusive remedy for the removal of encroachments but only for the enforcement of forfeiture. Citing Wauwatosa v. Dreutzer (1902), 116 Wis. 117, 92 N. W. 551.

Upon motion of the…