Legal Opinion

State ex rel. Flickinger v. Fisher

Supreme Court of Missouri

Decided December 23, 1893PublishedCited by 10 opinions

Mandamus. (1) The relator herein is and has been for twenty years a dentist in lawful and actual practice in the city of St. Louis, Missouri. He has conformed to every requirement of law regarding the practice of dentistry in this state, and has properly pursued every means expressly provided by law to secure the freedom from jury duty to which he claims he is legally entitled.

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Mandamus. (1) The relator herein is and has been for twenty years a dentist in lawful and actual practice in the city of St. Louis, Missouri. He has conformed to every requirement of law regarding the practice of dentistry in this state, and has properly pursued every means expressly provided by law to secure the freedom from jury duty to which he claims he is legally entitled. (2) Dentists, or those corresponding to dentists, viz., barber surgeons were excused from jury service'at common law. 3 Blackstone’s Com. p. 364; 4 Ibid. p. 205. (3) The common law rule of exemption remains in force…

1Opinion of the CourtShekwood, J.

In this original proceeding for a mandamus, the single question presented is whether the relator, a dentist, and who appends to his name “D. D. S.,77 is liable to do jury duty under the laws of this state.

Among those exempt under the general laws of this state is a “person exercising the functions of a * * * practitioner of medicine.77 Revised Statutes, 1889, sec. 6062. Under the provisions of section 8 of article 21 of the scheme and charter, Revised Statutes, 1889, p. 2162, “Every male citizen of this state, resident in such city, sober and intelligent, of good reputation, "over twenty-one…

2Cases cited3 opinions

  1. United States v. DicksonSupreme Court of the United States · 1841
  2. State ex rel. Granville v. GregorySupreme Court of Missouri · 1884
  3. Tyson v. BrittonTexas Supreme Court · 1851

3Cited by10 opinions

  1. State ex rel. Scott v. DirckxSupreme Court of Missouri · 1908
  2. People v. DeFranceMichigan Supreme Court · 1895
  3. City of St. Louis v. Meyrose Lamp Manufacturing Co.Supreme Court of Missouri · 1897
  4. State v. BeckSupreme Court of Rhode Island · 1899
  5. State ex rel. Collet v. ScopelSupreme Court of Missouri · 1958

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