In re Smith
New York Supreme Court
Certiorari to the judges of the Oneida common pleas. The judges of the Oneida common pleas having, in pursuance of the provisions of the revised statutes, 1 i?. S. 452, § 3, &c, expelled Newell Smith, a practising physician and surgeon of the county of Oneida, from the County Medical Society, and declared him forever thereafter incapable of practising physic and surgery within this state, a certiorari was sued out to bring up the proceedings to this court.
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Certiorari to the judges of the Oneida common pleas. The judges of the Oneida common pleas having, in pursuance of the provisions of the revised statutes, 1 i?. S. 452, § 3, &c, expelled Newell Smith, a practising physician and surgeon of the county of Oneida, from the County Medical Society, and declared him forever thereafter incapable of practising physic and surgery within this state, a certiorari was sued out to bring up the proceedings to this court. From the return made by the judges, it appeared that at the annual meeting of the medical society of the county of Oneida, held on the 6th…
1Opinion of the Court
By the Court,
Sutherland, J.
I see no constitutional objections to the law, 1 R. S. 452, under which the proceedings in this case were had; it undertakes to regulate, by some general provisions, the practice of physic and surgery in this state ; and with a view to the moral character, as well as the learning and skill of the members of this most useful and responsible profession, it gives to the county medical societies the right to try any of their members against whom specific charges of gross ignorance or misconduct in his profession, or of immoral conduct or habits, may be brought.
It is…
2Cases cited2 opinions
- Beekman v. Saratoga & Schenectady Rail RoadNew York Court of Chancery · 1831
- Livingston v. MayorCourt for the Trial of Impeachments and Correction of Errors · 1831
3Cited by22 opinions
- Matter of RoussNew York Court of Appeals · 1917
- Maryland State Bar Ass'n v. SugarmanCourt of Appeals of Maryland · 1974
- People ex rel. Gray v. Medical Society of the County of ErieNew York Supreme Court · 1857
- French v. LightyIndiana Supreme Court · 1857
- Baker v. GordonIndiana Supreme Court · 1864
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