State ex rel. Beck v. Gleason

The opinion of the court was delivered by

Harvey, J.:

This is an original proceeding in quo warranto, authorized by chapter 270 of the Laws of 1937, to oust defendant from the unlawful practice of medicine and surgery. The case is now presented for the determination of certain questions of law which arise upon the pleadings in advance of the trial of the facts, as authorized by G. S. 1935, 60-2704 and 60-2902. Therefore, it is deemed prudent to set out the pleadings.

The petition, omitting paragraphs 1 and 2 and the prayer, reads:

“3. That the defendant, B. L. Gleason, is not now, nor was he at…