State ex rel. Hathaway v. State Board of Health
Supreme Court of Missouri
Mandamus. (1) The supreme court will grant the writ of mandamus under proper circumstances (Slate x. Register, 48 Mo. 56 ; State ex rel. x. Railroad, 77 Mo. 143), and hear and determine the same, although it would have appellate jurisdiction in the same cause. State v. Tracy, 94 Mo. 217; State v. Wealcs, 93 Mo. 499; State x. McGrath, 92 Mo. 355; State ex rel. x. Phillips, 97 Mo. 331; State x.
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Mandamus. (1) The supreme court will grant the writ of mandamus under proper circumstances (Slate x. Register, 48 Mo. 56 ; State ex rel. x. Railroad, 77 Mo. 143), and hear and determine the same, although it would have appellate jurisdiction in the same cause. State v. Tracy, 94 Mo. 217; State v. Wealcs, 93 Mo. 499; State x. McGrath, 92 Mo. 355; State ex rel. x. Phillips, 97 Mo. 331; State x. Gregory, 83 Mo. 123. When the relator has a clear legal right to the performance of a particular act or duty, and the law affords him no other adequate remedy to secure the performance of such duty or…
1Opinion of the CourtBlack, J.
This is a proceeding commenced in this court by mandamus to compel the respondents who constitute the State Board of Health to issue to Ur. Hathaway, the relator, a certificate to practice medicine in this state.
1. The first question is one of pleading. The petition for the writ, after alleging that the relator was a graduate of a medical college, in good standing, and that *25he presented to the respondents his diploma and the respondents found the diploma to be genuine, and the college in good standing, proceeds to state in substance, that the respondents refused to issue to him a certificate…
2Cases cited4 opinions
- State ex rel. Powell v. State Medical Examining BoardSupreme Court of Minnesota · 1884
- People ex rel. Sheppard v. Illinois State Board of Dental ExaminersIllinois Supreme Court · 1884
- State ex rel. Granville v. GregorySupreme Court of Missouri · 1884
- State ex rel. Hamilton v. EverettSupreme Court of Missouri · 1873
3Cited by22 opinions
- Florida Central & Peninsular Railroad v. State ex rel. MayorSupreme Court of Florida · 1893
- Chenoweth v. State Board of Medical ExaminersSupreme Court of Colorado · 1914
- State ex rel. Burroughs v. WebsterIndiana Supreme Court · 1898
- State v. HathawaySupreme Court of Missouri · 1893
- State Ex Rel. Lentine v. State Board of HealthSupreme Court of Missouri · 1933
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