People ex rel. Gray v. Medical Society of the County of Erie
New York Supreme Court
MOTION for an alternative mandamus. The relator represented that he had been duly licensed to practice as a physician and surgeon in this state. That at a regular meeting of the Medical Society of the County of Erie, held in January, 1850, he was duly admitted a member of the society.
Read the full summary
MOTION for an alternative mandamus. The relator represented that he had been duly licensed to practice as a physician and surgeon in this state. That at a regular meeting of the Medical Society of the County of Erie, held in January, 1850, he was duly admitted a member of the society. That at a semi-annual meeting of the society, held in June, 1854, a tariff of fees for medical services and medical appointments in and for the city of Buffalo and Erie county was adopted, in the absence of the relator, viz: “ For physician to the almshouse of the county, $600 the minimum price; for physician to…
1Opinion of the CourtMarvin, J.
The motion must be granted. It is impossible, in any view" which I have been able to take of the question presented by this motion, to sustain the action and position of the “Medical Society of the County of Brie.” The society has mistaken its rights and powers. It will be important to ascertain what this corporation is ; the objects of its creation, and *573the powers with which it is clothed, so far at least as to determine whether it was vested with the ¿lower exercised in the present case.
The corporation has its existence under the act “ to incorporate medical societies, for the purpose of…
2Cases cited3 opinions
- In re SmithNew York Supreme Court · 1833
- Fawcett v. CharlesNew York Supreme Court · 1835
- People ex rel. Dunnel v. Medical SocietyNew York Supreme Court · 1830
3Cited by25 opinions
- Thomas v. Musical Mutual Protective UnionNew York Court of Appeals · 1890
- Higgins v. American Society of Clinical PathologistsSupreme Court of New Jersey · 1968
- White v. BrownellNew York Court of Common Pleas · 1868
- Fertich v. MichenerIndiana Supreme Court · 1887
- State ex rel. Stallard v. WhiteIndiana Supreme Court · 1882
20 more not listed; retrieve them via the Exa API.