Smith v. State Board of Medical Examiners
Supreme Court of Iowa
Appeal from Polls District Court. — IIon. A. H. McVey, Judge. Suit to restrain the State -Board of Medical Examiners from prosecuting certain proceedings instituted by and pending before said board, against the plaintiff for the purpose of revoking his certificate to practice medicine, surgery, and obstetrics in the State of Iowa.
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Appeal from Polls District Court. — IIon. A. H. McVey, Judge. Suit to restrain the State -Board of Medical Examiners from prosecuting certain proceedings instituted by and pending before said board, against the plaintiff for the purpose of revoking his certificate to practice medicine, surgery, and obstetrics in the State of Iowa. At the time of the commencement of the proceedings complained of and of this suit, the plaintiff was a resident of the town of Shell Rock, Butler County, Iowa,- where he had for many years been engaged in the practice of medicine as a physician and surgeon. In…
1Opinion of the CourtSherwin, J.
— The petition alleged the following grounds for the restraining order:
Eirst. That that portion of section 2578 of the Code which authorizes, or attempts to authorize, the State Board of Medical Examiners to revoke the certificate of a physician and surgeon for incompetency, is illegal and void; being in violation of the provisions of section 9, art. 1, of the Constitution of the State of Iowa.
Second. That said portion of said section of the Code is illegal and void because it contravenes and is in violation of the provisions of section 1 of the fourteenth amendment to the Constitution of the…
2Cases cited24 opinions
- Mugler v. KansasSupreme Court of the United States · 1887
- Dent v. West VirginiaSupreme Court of the United States · 1889
- Stuart v. . PalmerNew York Court of Appeals · 1878
- Simon v. CraftSupreme Court of the United States · 1901
- Paulsen v. PortlandSupreme Court of the United States · 1893
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3Cited by30 opinions
- Northern Cedar Co. v. FrenchWashington Supreme Court · 1924
- Gilchrist v. BierringSupreme Court of Iowa · 1944
- Inhabitants of the Town of Warren v. NorwoodSupreme Judicial Court of Maine · 1941
- Koelling v. Board of Trustees of Mary Frances Skiff Memorial HospitalSupreme Court of Iowa · 1966
- Industrial Accident Board v. O'DOWDTexas Supreme Court · 1957
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