This section contains the nature of the case and procedural background.

Petitioners in their bill complained that the proposed establishment and operation of a crematory is a public or at least a private nuisance and sought an injunction against it. D filed a demurrer in that the injury was one of anticipation, which constitutes no basis for injunctive relief. The Chancellor sustained the demurrer and dismissed the petition on the ground that the suit was premature.

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