Board of Commissioners v. Elm Grove Mining Co.

Maxwell, Judge:

This is a suit to enjoin a public nuisance. From a decree granting the prayer of the bill, the defendant was awarded this appeal.

The suit is based upon this statute:

“The state commissioner of health or any county or municipal health officer shall inquire into and investigate all nuisances affecting the public health within his jurisdiction; and any such officer or the county court of any county or any municipality is authorized and empowered to apply to the circuit court of the county in which any such nuisance exists, or to the judge thereof in vacation, for an injunction…