People ex rel. Barnet v. College of Physicians & Surgeons
New York Supreme Court
This was a motion - to quash an alternative mandamus. The alternative mandamus alleges that, by virtue of the matriculation and payments, tickets and other acts therein mentioned; and of the charter, by-laws, rules, regulations and conditions, also therein mentioned, the relator became and was entitled to hold the franchise, position or office of student or member of the college, and candidate for the degree of doctor of medicine, and to enjoy all the rights and privileges…
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This was a motion - to quash an alternative mandamus. The alternative mandamus alleges that, by virtue of the matriculation and payments, tickets and other acts therein mentioned; and of the charter, by-laws, rules, regulations and conditions, also therein mentioned, the relator became and was entitled to hold the franchise, position or office of student or member of the college, and candidate for the degree of doctor of medicine, and to enjoy all the rights and privileges and franchises therewith connected, or thereunto in any way belonging, and to attend the lectures and cliniques as such…
1Opinion of the Court
Edmonds, Justice.
The motion to quash the writ of mandamus is in the nature of a demurrer, and admits the truth of the foregoing allegations, as well as that which follows, namely, that the trustees of the college, without legal or sufficient cause, and in an ex parte and illegal manner, have removed him from the said position as student and candidate for a degree, and deprived him of the valuable franchise thereto pertaining.
So that it is conceded that the defendants have in an arbitrary and illegal manner deprived the relator of a right which he had acquired by his payment to them, and their…
2Cited by5 opinions
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