State ex rel. Robbs v. Talley

Citations

• 28 S.C. 589
• 6 S.E. 824
• 1888 S.C. LEXIS 89

Syllabus

<p>Petitioner, a resident of this State, with a diploma from a chartered medical college outside of the State, registered with the clerk of court in the proper county, and then applied to the State board of medical examiners under the act of 1887 (19 Stat., 820), who refused to license him to practise medicine. He then made application to this court for a writ of mandamus requiring said board to grant him a license. Held, that the phrase “coming into this State” in the statute did not apply to a citizen returning home from another State with a diploma, but only to non-residents; that petitioner, by his diploma and his registry, was entitled to practise his profession, and that the State medical board was without authority to grant or refuse license in such cases. Mandamus therefore refused.</p> <p>Me. Chief Justice Simpson dissented as to the power and duty of the board.</p>