State ex rel. Monnier v. Board of Pharmacy

Citations

• 110 La. 99
• 34 So. 159
• 1902 La. LEXIS 185

Syllabus

<p>APPEAL — JURISDICTIONAL AMOUNT — PHARMACIST — REGISTRATION.</p> <p>On Motion to Dismiss.</p> <p>1. While the relator does not, in his petition, make any averment as to the value of the right to him, which he seeks to enforce by the writ of mandamus, it is deducible from the evidence that such a right is worth to him more than two thousand dollars. This'being so, this Court has jurisdiction of the appeal.</p> <p>On the Merits.</p> <p>2. The proposition that, because the Board of Pharmacy considered a particular provision of Acts 1888, p. 74, No. 66, by which it was created, unwise, and inconvenient of application, it could, by resolution, repeal or abrogate it, is ■original, but unsound. And it does not affect the rights of the relator, who applied for, and was entitled to, registration as a pharmacist, •agreeably to the provision referred to, that, since the institution of this proceeding, for the enforcement of those rights, the General Assembly has adopted and expressed, in Acts 1902, p. 247. No. 144, the view entertained by the hoard, since that act cannot be applied to the relator without giving it a retroactive effect, not called for by its language.</p> <p>(Syllabus by the Court.)</p>