Kamke v. Clark

(on motion for rehearing). Counsel for appellant Pabst Brewing Company request a rehearing on the ground that the amendment made to sec. 280.01, Stats., by sec. 375, ch. 541, Laws of 1935, had the effect of converting causes, of, action predicated upon sec. 280.01 from actions in equity to suits at law. This amendment was not mentioned in the original briefs, and the point now raised on the motion for rehearing presents an entirely new , issue not previously considered by us.

While plaintiffs’ complaint asks for an injunction to restrain further dumping as well as for an abatement of the…