Barton v. Schmershall
Idaho Supreme Court
An original action for writ of mandate. “Statutes will be construed with a view to ascertain the intent of the law-making power and to give force and meaning to the language used.” (Idaho Mut. etc. Ins. Co. v. Myer, 10 Ida. 294, 77 Pac. 628; State v. Knowles, 90 Md. 646, 45 Atl. 877, 49 L. K. A. 697.) “If the board should fail to act when it is their duty to act, the courts are open to enforce action.”
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An original action for writ of mandate. “Statutes will be construed with a view to ascertain the intent of the law-making power and to give force and meaning to the language used.” (Idaho Mut. etc. Ins. Co. v. Myer, 10 Ida. 294, 77 Pac. 628; State v. Knowles, 90 Md. 646, 45 Atl. 877, 49 L. K. A. 697.) “If the board should fail to act when it is their duty to act, the courts are open to enforce action.” (Baaf v. State Board, 11 Ida. 718, 84 Pac. 33; Speer v. Stephenson, 16 Ida. 720, 102 Pae. 365; Vadney v. State Board, 19 Ida. 209, 112 Pac. 1046.). “The word ‘may,’ according to its ordinary…
1Opinion of the Court
STEWART, C. 'J.
This is an original application for a writ of mandate. The petition alleges that the defendants constitute the state board of medical examiners of the state of Idaho, and that on the 4th day of October, 1911, the plaintiff made application to the defendant board for a license to practice medicine within the state of Idaho; that such application was made'under the provisions of sec. 1342 of the Rev. Codes, as amended by Sess. Laws, 1909, p. 192, and that with plaintiff’s application for admission he also transmitted his diploma from the Bennett Medicine College at Chicago,…
2Cases cited5 opinions
- State v. KnowlesCourt of Appeals of Maryland · 1900
- Kemble v. McPhaillCalifornia Supreme Court · 1900
- Idaho Mutual Co-operative Insurance v. MyerIdaho Supreme Court · 1904
- In re INMANIdaho Supreme Court · 1902
- Raaf v. State Board of Medical ExaminersIdaho Supreme Court · 1906
3Cited by10 opinions
- Idaho Power & Light Co. v. BlomquistIdaho Supreme Court · 1914
- Electors of Big Butte Area v. State Board of EducationIdaho Supreme Court · 1957
- Wood v. Independent School District No. 2Idaho Supreme Court · 1912
- Indiana State Board of Dental Examinees v. DavisIndiana Court of Appeals · 1917
- Rural High School District No. 1 v. School District No. 37Idaho Supreme Court · 1919
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