Vadney v. State Board of Medical Examiners

Citations

• 19 Idaho 203
• 112 P. 1046
• 1911 Ida. LEXIS 3

Syllabus

<p>Writ of Mandate — Physician and Surgeon — License to Practice — • Laws of 1887 — Requirements of Laws of 1899 — Medical Board— Answer — Denials on Information and Belief — Insufficiency of — Power of Board.</p> <p>(Syllabus by the court.)</p> <p>1. Under the provisions of sec. 1298, Rev.' Stats. 1887, no person was permitted to practice medicine or surgery in this territory (now state) who had not received a medical education and a diploma from some regularly chartered medical school having a bona fide existence at the time the diploma was granted, and when it appears from the •complaint that the applicant for a license to practice medicine and surgery in the state was engaged in the practice of his profession under the provisions of the laws of 1887 and had complied with all <of the provisions of sec. 5 of the act of 1899 (Sess. Laws, p. 346), it was the duty of the State Board of Medical Examiners to issue to him a license to practice medicine and surgery in this state.</p> <p>2. Under the provisions of sec. 9 of the medical law of 1899, there is no provision for an appeal from an order of the State Board of Medical Examiners refusing to grant a license to an applicant; but said section contains a provision whereby the proper court may review by certiorari certain proceedings of said board.</p> <p>3. Seld, under the provisions of said act that a plaintiff has no plain, speedy and adequate remedy at law by appeal.</p> <p>4. A diploma from a regularly chartered medical school which had a bona fide existence at the time the diploma was granted, and a compliance with the provisions of said secs. 1298a and 1298b, Rev. Stats. 1887, was all of the proof that the statute required at that time of the applicant’s .having a medical education, and under the act of 1899, the medical board had no authority to require any other or further evidence of that fact.</p> <p>5. A denial of matters which are of record and accessible to the defendant is insufficient and is no denial,