Legal Opinion

State Ex Rel. Johnson v. State Board of Health

Supreme Court of Missouri

Decided July 8, 1921PublishedCited by 14 opinions

Appeal from Cole Circuit Court. — Hon. J. G. Slate, Judge. (1) The judgment in this case is insufficient and cannot stand, because the same does not meet the requirements of Sec. 8317, R. S. 1909, now Sec. 7336, R. S. 1919. Said section, among other things, provides that: “If a majority of the board are satisfied that the licentiate is guilty of any of the offenses charged, the license shall be revoked for such period of time as may be agreed upon.”

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Appeal from Cole Circuit Court. — Hon. J. G. Slate, Judge. (1) The judgment in this case is insufficient and cannot stand, because the same does not meet the requirements of Sec. 8317, R. S. 1909, now Sec. 7336, R. S. 1919. Said section, among other things, provides that: “If a majority of the board are satisfied that the licentiate is guilty of any of the offenses charged, the license shall be revoked for such period of time as may be agreed upon.” It is the position of respondents that relator was found “guilty as charged” at a meeting of the board, alleged to have been held at Jefferson…

1Opinion of the CourtElder, J.

This is an appeal from a judgment rendered by the Circuit Court of Cole County upon a writ of certiorari directed to respondents as mémbers of the State Board of Health of Missouri, which judgment affirmed the action of the said board in suspending, for a period of five years from Decmber 3, 1290, the license of relator herein to practice medicine and surgery. The pleadings and facts involved are substantially as follows:

Relator is a duly licensed and practicing physician of Jefferson City, Missouri. On September 14, 1920, Honorable H. J. ‘Wosthues, Prosecuting Attorney of Cole County, filed…

2Cases cited9 opinions

  1. State ex rel. Spriggs v. RobinsonSupreme Court of Missouri · 1913
  2. State ex rel. McAnally v. GoodierSupreme Court of Missouri · 1906
  3. State v. NoctonSupreme Court of Missouri · 1894
  4. State ex inf. Hadley v. CorcoranSupreme Court of Missouri · 1907
  5. State v. KelleherSupreme Court of Missouri · 1907

4 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. State Ex Rel. Lentine v. State Board of HealthSupreme Court of Missouri · 1933
  2. Gaddy v. State Board of Registration for the Healing ArtsMissouri Court of Appeals · 1965
  3. Younge v. State Board of Registration for Healing ArtsSupreme Court of Missouri · 1969
  4. In Re Hughes v. State Board of HealthSupreme Court of Missouri · 1942
  5. State v. BartleySupreme Court of Missouri · 1924

9 more not listed; retrieve them via the Exa API.

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