State ex rel. Johnston v. Lutz
Supreme Court of Missouri
Mandamus. (1) Mandamus is the proper remedy for relator in this case. Mansfield v. Fuller, 50 Mo. App. 338; State ex rel. v. Joplin Waterworks, 52 Mo. App. 312; Barnes v. Gottsclialk, 3 Mo. App. 111. (2) The relator has done all that is required of him by the law, and the issuing of the certificate is a mere ministerial act, the performance of which maybe compelled by mandamus. State ex rel. v. Hathaway, 103 Mo. 22; State ex rel v. Strother, 42 Mo.
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Mandamus. (1) Mandamus is the proper remedy for relator in this case. Mansfield v. Fuller, 50 Mo. App. 338; State ex rel. v. Joplin Waterworks, 52 Mo. App. 312; Barnes v. Gottsclialk, 3 Mo. App. 111. (2) The relator has done all that is required of him by the law, and the issuing of the certificate is a mere ministerial act, the performance of which maybe compelled by mandamus. State ex rel. v. Hathaway, 103 Mo. 22; State ex rel v. Strother, 42 Mo. App. 343. .(3) Section 8 of the board’s rules can not apply to relator, he having graduated before the rule was put in force. (1) The granting of…
1Opinion of the CourtBtjegess, J.
This is a proceeding by mandamus to compel the respondents, as the state board of health, to issue to the relator a certificate authorizing and permitting him to practice medicine and surgery in this state.
On the eighteenth day of March, 1896, relator was graduated at the Physio-Medical College of Indiana, located at Indianapolis in that state, and on the same day received therefrom a diploma, regular in form, and signed by the professors in said college. In the month of July next thereafter he appeared before said boai’d of health, presented his diploma, tendered the fee of $1 allowed by…
2Cases cited3 opinions
- State ex rel. Powell v. State Medical Examining BoardSupreme Court of Minnesota · 1884
- People ex rel. Sheppard v. Illinois State Board of Dental ExaminersIllinois Supreme Court · 1884
- State ex rel. Granville v. GregorySupreme Court of Missouri · 1884
3Cited by11 opinions
- State Ex Rel. Priest v. GunnSupreme Court of Missouri · 1959
- State ex rel. McAnally v. GoodierSupreme Court of Missouri · 1906
- French v. JonesMassachusetts Supreme Judicial Court · 1906
- State ex rel. McCleary v. AdcockSupreme Court of Missouri · 1907
- State ex rel. Williams v. PurlSupreme Court of Missouri · 1910
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