Johnson v. State Board of Veterinary Medical Examiners

Citations

• 46 Pa. Super. 279
• 1911 Pa. Super. LEXIS 267

Syllabus

<p>Veterinarians — Registration—Act of April 11,1889, P. L. 28 — Mandamus.</p> <p>1. Where a person, who had no collegiate training, nor degree of veterinary surgeon or analogous title, applied in 1905 for registration as a veterinary surgeon, he was bound to show that for the five years preceding the passage of the Act of April 11, 1889, P. L. 28, he had continuously used the title of veterinary surgeon or analogous title, and had in good faith held himself out to the world as qualified to render surgical and medical treatment to domestic animals. If he does not show this by affidavit as required by the act, he cannot compel the State Board of Veterinary Medical Examiners to register him.</p> <p>Mandamus — Public officers — Discretion—When writ mil be refused.</p> <p>2. The writ of mandamus is but a command to exercise a power already possessed, or to perform a duty already imposed by a statute, and where the duty to be performed is judicial or involves the exercise of discretion, mandamus will lie to compel the official to act in the premises and exercise his judgment and discretion, but will not direct how the duty shall be performed or the discretion exercised. If, however, such judgment or discretion is abused, or there is a mistaken view of the law as applied to the admitted facts of the case, the writ will issue to compel action according to law.</p>