Butler v. Rude

The opinion of the court was delivered by

Thiele, J.:

The plaintiffs, who are hereafter referred to as Butler and the company, brought action against the members of the State Board of Embalming, hereafter referred to as the board, to enjoin the board from enforcing one of its rules, to enjoin it from adopting certain rules and for the construction of a statute. The board demurred to the petition, and that demurrer was overruled and an appeal to .this court followed.

In view of the contentions made and hereafter discussed, the allegations of the petition may be stated summarily.

Butler is a…