Schutt v. City of Kenosha

The decision from which plaintiffs appeal holds that an applicant for permission to operate under an *86ordinance such as this cannot accept the permit and simply “by reason of the language in the application for the permit in question” reserve at the same time the right to contest the constitutionality of the ordinance under which the permit is issued.

The learned trial judge was of the opinion that a party cannot pursue two inconsistent remedies in the same action, and, citing 9 R. C. L., Election of Remedies, p. 958, and other authorities, he ruled that the controlling question before him…