Barber Pure Milk Co. v. Alabama State Milk Control Board

LIVINGSTON, Chief Justice.

This is an appeal from an order of the Circuit Court of Montgomery County, Alabama, entering an involuntary nonsuit and dismissing the petition of appellant praying for a writ of prohibition.

The appellant is a milk distributor and a licensee of the Alabama State Milk Control Board (hereinafter referred to as “Board”). Under Title 22, §§ 205-231, Code of Alabama 1940, as Recompiled 1958, the Milk Control Board is authorized to regulate and supervise generally the fluid milk industry in this state. Specifically, it is empowered by Sec. 223 of the above title to fix the…