Heimbichner v. Montana Milk Control Board

MB. JUSTICE ANGSTMAN:

This action was commenced by the plaintiff, James Heimbichner, to restrain the Montana Milk Control Board and its members from certain allegedly illegal acts.

The Board filed its general demurrer to the complaint, together with a motion to quash, on the grounds that the complaint failed to state a cause of action. The court overruled both the demurrer and motion to quash. Counsel for the Board elected to stand on the motion and demurrer and agreed that judgment could be had upon the facts established by the complaint.

The court entered judgment for the plaintiff,…