Local Board of Health v. Eastlack

The opinion of the court was delivered by

Garrison, J.

The prosecutor was convicted of the violation of an ordinance or “health code”' of the defendant, to wit, of maintaining a cesspool that was a nuisance. The justice of the peace who tried the suit has returned, in response to a rule upon him, the facts found by him at the trial. He found that the prosecutor was the owner of the premises on which the cesspool stood, which were in the possession of a tenant under 1 a lease by which the “prosecutor reserved no right or privilege of entry on said premises during the said term, except the right…