State ex rel. Horstkotte v. Board of Health

Black, J. —

The relator applied to the St. Louis circuit court for a writ of prohibition, seeking thereby to prevent the board of health of the city of St, Louis from *170abating a brick kiln, which the board had declared a nuisance-and detrimental to the public health. A demurrer to' the return was overruled and the information dismissed; that judgment was affirmed by the court of appeals. The relator appealed to this court, and the question is raised whether we have jurisdiction to hear the appeal.

The case, it is to be observed, is not here by virtue of the. power of this court to issue original…