Gulley v. Territory of Oklahoma
Supreme Court of Oklahoma
Error from the District Court of Logan County; before Jno. H. Burford, Trial Judge. STATEMENT OE THE CA?E. This was an action brought in the district court of Logan county by the territory of Oklahoma against Calvin D. Gulley, plaintiff in error, and defendant in the court below, to cancel a license to practice medicine issued on February 11, 1902, by the then superintendent of public health to the plaintiff in error, upon the ground that the license was procured by fraud…
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Error from the District Court of Logan County; before Jno. H. Burford, Trial Judge. STATEMENT OE THE CA?E. This was an action brought in the district court of Logan county by the territory of Oklahoma against Calvin D. Gulley, plaintiff in error, and defendant in the court below, to cancel a license to practice medicine issued on February 11, 1902, by the then superintendent of public health to the plaintiff in error, upon the ground that the license was procured by fraud and deception. The material averments in the petition are as follows: That on the 8th day of February, 1902, the…
1Opinion of the Court
Opinion of the court by
Hainer, J.:
It is contended by the plaintiff in error that the territory of Oklahoma is not the proper party to institute this action, and that the court had no jurisdiction of the subject-matter of the action. There is no merit to these contentions. The latter part of section 14 of chapter 8 of the Statutes of Oklahoma of 1893 (section 352) in force at that time, contains the following provision :
“The district court shall, upon the complaint of any member of the territorial board of health or the county board of health where he resides have power to cancel any license…
2Cases cited10 opinions
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3Cited by9 opinions
- State v. DoranSouth Dakota Supreme Court · 1912
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- McAleer v. DawsonSupreme Court of Oklahoma · 1925
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