Mississippi Board of Veterinary Examiners v. Sistrunk

67 So. 2d 378, 218 Miss. 342, 39 Adv. S. 27, 1953 Miss. LEXIS 550
CourtMississippi Supreme Court
DecidedOctober 19, 1953
DocketNo. 38880
StatusPublished
Cited by10 cases

This text of 67 So. 2d 378 (Mississippi Board of Veterinary Examiners v. Sistrunk) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mississippi Board of Veterinary Examiners v. Sistrunk, 67 So. 2d 378, 218 Miss. 342, 39 Adv. S. 27, 1953 Miss. LEXIS 550 (Mich. 1953).

Opinion

Ethridge, J.

Appellee, Marshall Austin Sistrunk, complainant below, filed this action in the Chancery Court of the Second Judicial District of Jones County, against Dr. B. S. Houston and four other members of the Mississippi Board of Veterinary Examiners, appellants. The bill charged that Miss. Laws 1946, Ch. 371, Sec. 6, Code of 1942, Sec. 8914-06, provides that all persons who are not already licensed under Mississippi law to practice veterinary medicine, surgery, and dentistry shall be required to take an examination and pay a fee of $25.00. This statute further states:

“Provided, however, that any person who has practiced veterinary medicine, veterinary surgery and veterinary dentistry in this state for a period of ten years prior to the passage of this act shall be granted a license upon his [344]*344application therefor and upon satisfactory evidence furnished the board as to such practice, and of his good moral character, and payment to the board of a license fee of ten ($10.00) dollars.”

Complainant averred that he is fifty-four years of age and has lived in Leake County all of his life; that his father before him was a practicing veterinarian who for many years administered to sick and injured animals of all kinds; that complainant had studied the standard book on veterinary medicine, surgery, and dentistry, and from such study and his wide experience he had acquired knowledge and “satisfactory proficiency” in this field; that for two years during World War I he served in the United States Army Veterinary Corps, and for eight months had attended an army veterinary school, and that for more than twenty-seven years prior to the effective date of the 1946 statute, complainant had practiced veterinary medicine, surgery, and dentistry in this state.

Complainant charged that on June 14, 1946, he applied to the defendant board under the 1946 statute for a license to practice veterinary medicine, surgery, and dentistry, attaching to his application affidavit showing that he had practiced such profession for more than ten years prior to the stated term, that he was of good moral character, and tendering the ten-dollar license fee. Complainant appeared before the board, which failed and refused to grant complainant a license, and postponed the matter until the next regular meeting, one year away, June 17, 1947. On that date complainant again appeared before the board and renewed his request for a license. There was no evidence in contradiction of his qualifications under the statute, but the defendant again postponed action. On August 8, 1947, without further evidence, and with no evidence disputing complainant’s right to the license, the bill charged that the board arbitrarily, willfully, and in disregard of complainant’s rights and the law, denied him a license.

[345]*345On June 9, 1950, complainant again made application to the hoard for a license to practice veterinary medicine, surgery, and dentistry, tendering with his application the $10 license fee and affidavits by a number of prominent people in his community showing that complainant had practiced veterinary medicine, surgery, and dentistry for more than ten years prior to April 1946, and that he is of good moral character. The bill charged that there was no contradiction of these facts in evidence at the hearing of the board. But, nevertheless, the board wrongfully postponed action on complainant’s application until the next regular meeting, one year later, on June 19, 1951. At that time complainant again appeared before the board and renewed his request for a license. The board then had before it the stated affidavits and evidence, and the bill charged that there was no evidence before the board denying that complainant had fully complied with the 1946 statute; that the board arbitrarily, willfully, and unlawfully refused on June 19, 1951, to grant complainant a license and had denied him a license; that the board had appointed an investigating committee to investigate the complainant, and complainant charged that the denial of his license was based on this secret report of the board’s investigating committee; that the board refused to advise complainant of the reasons for the denial of his application, and refused to make known to complainant the contents of the report, which is relevant to the proceedings, and to which complainant was entitled to discovery. The bill charged that complainant had been seriously injured and damaged in his reputation and profession because of these arbitrary and unlawful acts of the board, and that complainant has been and is irreparably injured in being denied this valuable right to a license, and that he has no complete and adequate remedy at law. Hence the bill asked for a mandatory injunction, directing the board to issue to complainant a license to practice veterinary medicine, surgery, and dentistry, and [346]*346that the defendants be ordered to make discovery unto complainant of the contents of the report of the investigating committee.

The bill of complaint had attached to it as exhibits a number of affidavits of citizens of complainant’s home community, attesting to his good moral character and his practice of his profession for more than ten years prior to the effective date of the 1946 statute, a transcript of the proceedings before the board on June 20, 1950; and a transcript of the proceedings before the board on June 19, 1951.

To this bill of complaint the defendants filed a general demurrer averring that complainant has a full, plain, adequate, and complete remedy at law, and that no grounds for equitable relief are alleged in the bill. This demurrer was overruled by the char cerv court and appellants-defendants were allowed an interloeutc"’v appeal.

Appellants say that appellee has a plain, adequate and complete remedy at law by mandamus under the provisions of Code of 1942, Secs. 1109-1118. They rely upon Madison County v. Mississippi Highway Commission, 191 Miss. 192, 198 So. 284 (1941), in which Madison County sought to obtain a mandatory injunction against the Highway Commission to compel it to appraise the pavement on two highways in that county and to pay the county for it, as provided by statute. It was there held that the chancery court had no jurisdiction to compel the highway commission to perform a legal duty enjoined upon it by statute. Code Sec. 1109 provides for a petition for writ of mandamus to the circuit court to compel an officer to do or order him not to do an act especially enjoined by the law. Compare State Highway Commission v. McGowen, 198 Miss. 853, 23 So. 893, 24 So. 2d 330 (1946); State Highway Commission v. Coahoma County, 203 Miss. 629, 32 So. 2d 555, 37 So. 2d 287 (1948). The court thought Madison County had a plain, adequate, and complete remedy at law by mandamus.

[347]*347However, in the instant case appellee-complainant has no adequate remedy at law. The statutes regulating the practice of veterinary medicine, surgery, and dentistry, Miss. Laws 1946, Ch. 371, Miss. Code 1942, Secs. 8914-01 to 8914-13, have no statutory provision for judicial review of the actions of the board in exercising its licensing powers. In this respect it is similar to a number of other state agencies. An appeal by certiorari would not be adequate, since it is limited to a review of the legal sufficiency of the application and order refusing the license.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Mississippi Division of Medicaid v. Alliance Health Center
174 So. 3d 254 (Mississippi Supreme Court, 2015)
Charlotte Perkins v. Mississippi Department of Human Services
145 So. 3d 670 (Mississippi Supreme Court, 2014)
Jones v. Greene County Bd. of Educ.
968 So. 2d 506 (Court of Appeals of Mississippi, 2007)
State Board of Education v. Bus Supply Co.
386 So. 2d 383 (Mississippi Supreme Court, 1980)
Charter Med. Corp. v. MISS. HEALTH PLAN. & DEV.
362 So. 2d 180 (Mississippi Supreme Court, 1978)
STATE BD. OF PSYCHOLOGICAL EX. v. Coxe
355 So. 2d 669 (Mississippi Supreme Court, 1978)
Mississippi State Board of Veterinary Examiners v. Love
150 So. 2d 532 (Mississippi Supreme Court, 1963)
Love v. Mississippi State Board of Veterinary Examiners
92 So. 2d 463 (Mississippi Supreme Court, 1957)
Love v. MISS. BD. VETERINARY EXAMINERS
92 So. 2d 463 (Mississippi Supreme Court, 1957)
Mississippi State Board of Veterinary Examiners v. Sistrunk
80 So. 2d 747 (Mississippi Supreme Court, 1955)

Cite This Page — Counsel Stack

Bluebook (online)
67 So. 2d 378, 218 Miss. 342, 39 Adv. S. 27, 1953 Miss. LEXIS 550, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mississippi-board-of-veterinary-examiners-v-sistrunk-miss-1953.