State Ex Rel. Booth v. Beck Jewelry Enterprises, Inc.

Appellant in its complaint for a permanent injunction charged that certain conduct of appellees constituted the practice of optometry within the meaning of chapter 38 of the Acts of 1935 requiring licenses which appellees did not possess. The judgment followed the prayer of the complaint that appellees “be and they hereby are permanently enjoined from practicing or engaging in the practice of optometry in thé State of Indiana without the license required by law.” Without filing motion to modify the judgment appellant appealed. After the case had been fully briefed on the merits at the time of…