Green Lake County Department of Public Welfare v. Henninger

We are extremely reluctant to determine constitutional questions at all upon presentation of only one side of the question and still more reluctant to hold an act of the legislature unconstitutional, even by affirmance of a trial court, when the party alleging the unconstitutionality offers nothing in support of his contention. Under such circumstances we will not attempt to determine the merits of the proposition if it can be avoided. Sec. 251.32, Stats. (Supreme Court Rule 32), states:

“When a cause is submitted or presented by counsel for appellant or plaintiff in error, but not by the…