State Ex Rel. Brunkhorst v. Krenn

The appellant does not challenge directly the rule that one who voluntarily claims and enjoys the benefits and privileges of a statute cannot be heard thereafter to say that the statute is unconstitutional in order to escape its burdens. Will of Bowman, 2 Wis. (2d) 404, 86 N. W. (2d) 442; Thomson v. Public Service Comm. 236 Wis. 157, 294 N. W. 517; Booth Fisheries Co. v. Industrial Comm. 185 Wis. 127, 200 N. W. 775. Instead, he contends that there is an exception to the rule and that it does not apply to an independent and separable provision of the act under which he accepted and enjoyed…