State ex rel. Brown v. Sussman

PEARSON, Chief Judge.

The named appellants allege they are tenants in an apartment house owned and operated by the appellees. These tenants brought a suit in the name of the state alleging that because of unsanitary conditions the apartment house constituted a public nuisance. They prayed for, among other things, an injunction to abate the public nuisance. The trial judge dismissed the complaint, “without leave to the plaintiffs to further amend but specifically reserving unto each and every plaintiff their right to seek redress for any contractual breach between the landlord and the tenant,…