Milk Control Board of Indiana v. Phend

This was an action instituted by appellant against appellee to collect a penalty for appellee’s alleged violation of the Milk Control Law of 1935, and to enjoin appellee from further violation of said law.

The cause was submitted to the court for trial without a jury, upon a complaint in two paragraphs and an answer in general denial.

Each paragraph of complaint alleged that appellee “has on each day of the period commencing July 1, 1936, and ending as of the date of the filing of the complaint” engaged in business as a “producer distributor” of milk or a “distributing broker” of milk, as…