State v. Call
Supreme Court of North Carolina
INDICTMENT for practicing medicine without license, &c., tried before Starbuck, J., and a jury at Fall Term, 1897, of Wilices Superior Court.
Read the full summary
INDICTMENT for practicing medicine without license, &c., tried before Starbuck, J., and a jury at Fall Term, 1897, of Wilices Superior Court. The indictment was as follows: “The jurors for the State upon their oaths present that Thomas Call, late of the County of Wilkes, on the first day of August, 1896, at and in said County, not being a woman pursuing the avocation of midwife, and not being a regular licensed physician or surgeon resident in a neighboring State and not having a diploma from a regular medical college and practicing medicine and surgery in this State prior to March 7, 1885,…
1Opinion of the Court
Clark:, J.:
The defendant is indicted for practicing medicine in violation of The Code, Sections 3122 and 3132 as amended by Acts 1885, Chapters 117 and 261, by Acts 1889, Chapter 181, Sections 4 and 5, and by Acts 1891, Chapter 420. His counsel earnestly contends that the law, as it stands, is contrary to Article 1, Section 7, of the State Constitution, which forbids exclusive privileges and emoluments to any set of men, and to Section 31 of the same Article, which prohibits monopolies and perpetuities, and, further, that it is obnoxious to the 14th Amendment to the Constitution of the United…
2Cases cited21 opinions
- Butchers' Benevolent Ass'n v. Crescent City Live-Stock Landing & Slaughter-House Co.Supreme Court of the United States · 1873
- Dent v. West VirginiaSupreme Court of the United States · 1889
- Hayes v. MissouriSupreme Court of the United States · 1887
- Bell's Gap Railroad v. PennsylvaniaSupreme Court of the United States · 1890
- Missouri v. LewisSupreme Court of the United States · 1880
16 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Hawker v. New YorkSupreme Court of the United States · 1898
- State v. BallanceSupreme Court of North Carolina · 1949
- State v. . BallanceSupreme Court of North Carolina · 1949
- State v. . HarrisSupreme Court of North Carolina · 1940
- State ex rel. Milwaukee Medical College v. ChittendenWisconsin Supreme Court · 1906
47 more not listed; retrieve them via the Exa API.