Borden Co. v. McDowell

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 stat ute nor has appellant threatened them with prosecution. The appellant is duty-bound to enforce these statutes. That enforcement would greatly interfere with respondents’ marketing practices of long standing. In Petition of State ex rel. Attorney General (1936), 220 Wis. 25, 28, 264 N. W. 633, in taking jurisdiction, we said:

“The whole…