JOSAM MFG. CO. v. STATE BOARD OF HEALTH


26 Wis.2d 587 (1965)

JOSAM MANUFACTURING COMPANY, Respondent, v. STATE BOARD OF HEALTH, Appellant.

Supreme Court of Wisconsin.

March 2, 1965.


Attorney(s) appearing for the Case

For the appellant the cause was argued by James H. McDermott, assistant attorney general, with whom on the original brief was George Thompson, attorney general, and on the reply brief was Bronson C. La Follette, attorney general.

For the respondent there was a brief by Mount & Keck of Milwaukee, and oral argument by Herbert L. Mount.


BEILFUSS, J.

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...

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