Josam Manufacturing Co. v. State Board of Health

The defendant-appellant, Board of Health, first contends that the circuit court did not have jurisdiction to determine the facts at issue and that the action should, therefore, be dismissed.

This action for declaratory judgment was commenced in the circuit court for Dane county by summons and complaint pursuant to sec. 227.05, Stats. After preliminary motions concerning the complaint were made and disposed of, the defendant answered the complaint but did not move to have any factual issues referred back to the board for determination. The defendant’s answer admitted that plaintiff had urged…