Legal Opinion

People Ex Rel. Bartlett v. Medical Society of Erie

New York Court of Appeals

Decided March 5, 1865PublishedCited by 45 opinions

Mandamus to compel the defendant to -admit the relator to membership. He was a licensed physician, practicing in Buffalo, and a graduate of the Hew York Medical College.

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Mandamus to compel the defendant to -admit the relator to membership. He was a licensed physician, practicing in Buffalo, and a graduate of the Hew York Medical College. Ho question was made as to his possessing the usual qualifications for membership; but it was claimed that he had forfeited his right to admission by unprofessional conduct, in advertising, through the public journals, his claims to peculiar skill in the treatment of asthma, consumption and bronchitis, by the new mode of medicated inhalation, in aid of the known and usual remedial agents. It was claimed by the majority of the…

1Opinion of the CourtPorter, J.

The relator was a practicing physician in the county of Erie. He had received a thorough medical education, and, in virtue of his diploma from the Hew York Medical College, was entitled to practice, in any part of the State, the profession to which he had dedicated his life. The statute imposed on the president of the county medical society the duty of notifying him to apply for admission. For some cause, not disclosed in the papers, that duty had not been discharged; though, at the time the present proceeding was instituted, the relator had been in active and successful practice, in the city…

2Cases cited1 opinion

  1. Russell & Hall v. RogersNew York Supreme Court · 1833

3Cited by45 opinions

  1. Falcone v. Middlesex County Medical SocietySupreme Court of New Jersey · 1961
  2. Polin v. KaplanNew York Court of Appeals · 1931
  3. Dillon v. Great Northern Railway Co.Montana Supreme Court · 1909
  4. Mulroy v. Supreme Lodge of the Knights of HonorMissouri Court of Appeals · 1888
  5. Nance v. BusbyTennessee Supreme Court · 1892

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