Opinion

State ex rel. Johnston v. Lutz

  • 136 Mo. 633
  • 38 S.W. 323
  • 1896 Mo. LEXIS 360
Court
Supreme Court of Missouri
Filed
Dec 23, 1896
Status
Published
Author
Barclay
On the bench
Barclay, Btjegess, Him, Stated, Who
Cited by
11 cases

The opinion

Barclay, J.

{concurring). — It appears from the pleadings and evidence that the refusal of a certificate *641 to relator was based on supposed noncompliance by the Indiana college with a rule of the Missouri state Board, and not upon any judgment of the Board that said college was not of good standing, generally. My concurrence is given to the finding in the foregoing learned opinion touching the issue of notice to the college of that rule of the Board, and to the granting of a peremptory mandamus based on that finding. But the validity of the rule of the Board has not been called in question by the relator. It seems to me preferable not to express an opinion upon it. The Board is vested with authority to determine what medical colleges are of “good standing,” within the meaning of the law. It is evident that there was no intention on the part of the Board to apply the rule to persons graduated by. this college until the latter had notice of the rule. The relator received his diploma befo're the rule became operative as to that institution, and hence (according to the concession of the Board) the rule can not properly be held to interfere with the granting of his certificate to practice in this State. Eurther than that the present case does not require us to go.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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