Louisiana State Board of Medical Examiners v. Savells

Louisiana Court of Appeal

Louisiana State Board of Medical Examiners v. Savells

92 So. 2d 797, 1957 La. App. LEXIS 661

CourtLouisiana Court of Appeal

DecidedFebruary 5, 1957

DocketNo. 8639

StatusPublished

This text of 92 So. 2d 797 (Louisiana State Board of Medical Examiners v. Savells) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Louisiana State Board of Medical Examiners v. Savells, 92 So. 2d 797, 1957 La. App. LEXIS 661 (La. Ct. App. 1957).

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Opinion

HARDY, Judge.

This suit was instituted by the Louisiana State Board of Medical Examiners seeking an injunction prohibiting the defendant from practicing medicine without a license in violation of the provisions of LSA-R.S. 37:1261 et seq., and for the imposition of the penalty and attorney’s fees provided by the statute. After hearing, a preliminary injunction was granted; by agreement the evidence taken was submitted at a trial on the merits, and there was judgment in favor of plaintiff as prayed, from which defendant has appealed.

On appeal defendant contends that the evidence adduced was insufficient to establish a violation of the statute. This tenders exclusively a question of fact. Review of the record is convincing, as the result of the testimony of two witnesses tendered on behalf of plaintiffs, that defendant was engaged in the practice of medicine; that is, under the terms of the act, inter alia, in diagnosing and treating physical ailments and infirmities. It was established by the testimony of defendant himself that he did not hold a license for the practice of medicine. There can be no question as to the correctness of the conclusion that defendant was guilty of violation of the statute, and it follows that the penalty was properly imposed.

The facts in the instant case are easily distinguished from those found by this court in Louisiana State Board of Medical Examiners v. Beaird, 83 So.2d 481, and Louisiana State Board of Medical Examiners v. Martindale, 83 So.2d 544.

The judgment appealed from is affirmed at appellant’s cost.

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HARDY, Judge.

This suit was instituted by the Louisiana State Board of Medical Examiners seeking an injunction prohibiting the defendant from practicing medicine without a license in violation of the provisions of LSA-R.S. 37:1261 et seq., and for the imposition of the penalty and attorney’s fees provided by the statute. After hearing, a preliminary injunction was granted; by agreement the evidence taken was submitted at a trial on the merits, and there was judgment in favor of plaintiff as prayed, from which defendant has appealed.

On appeal defendant contends that the evidence adduced was insufficient to establish a violation of the statute. This tenders exclusively a question of fact. Review of the record is convincing, as the result of the testimony of two witnesses tendered on behalf of plaintiffs, that defendant was engaged in the practice of medicine; that is, under the terms of the act, inter alia, in diagnosing and treating physical ailments and infirmities. It was established by the testimony of defendant himself that he did not hold a license for the practice of medicine. There can be no question as to the correctness of the conclusion that defendant was guilty of violation of the statute, and it follows that the penalty was properly imposed.

The facts in the instant case are easily distinguished from those found by this court in Louisiana State Board of Medical Examiners v. Beaird, 83 So.2d 481, and Louisiana State Board of Medical Examiners v. Martindale, 83 So.2d 544.

The judgment appealed from is affirmed at appellant’s cost.

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92 So. 2d 797, 1957 La. App. LEXIS 661, Counsel Stack Legal Research, https://law.counselstack.com/opinion/louisiana-state-board-of-medical-examiners-v-savells-lactapp-1957.

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