Board of Health v. Susslin

On Rehearing.

PROVO STY, J.

The plaintiff state board of health in a petition addressed to the respondent judge made the allegation that the defendant’s bakery was conducted in so unsanitary a manner as to constitute a public nuisance, and prayed for an injunction restraining the defendant from continuing to operate his said bakery until he had shown to the court that the said unsanitary conditions had been remedied.

Defendant filed an exception by which he denied the right of the plaintiff board to stand in judgment in the premises, for the reason that it had no jurisdiction over the matter…