State Ex Rel. La Prade v. Smith

Defendant, Smith, has filed a motion questioning the correctness of our order directing the trial court to issue an injunction permanently enjoining him from the practice of medicine and surgery without a license, and asserting that proper order would be a direction to the trial court to overrule the demurrer and permit defendant to answer if he so elects and in default thereof to issue the injunction.

Upon reflection and after an examination of our decisions on the right to amend an answer, we have come to the conclusion that defendant is right in his contentions. In Perrin v. Mallory…