Tanenbaum v. D'Ascenzo

Opinion by

Mr. Justice Allen M. Stearns,

Two questions are raised by this appeal. (1) Is a licensed osteopathic physician a “physician legally qualified to practice medicine” within the meaning of section 1501 of the School Code of May 18, 1911, P. L. 309, 24 PS 1501 and (2) Is an alternative writ of mandamus, in the facts of this case, a proper proceeding in which to have the main question determined?

W. L. Tanenbaum, appellant, is a licensed osteopathic physician. He took a civil service examination held by the Civil Service Commission of the City of Philadelphia for the position of school…