State ex rel. Brown v. McIntosh

103 S.W. 1071, 205 Mo. 616, 1907 Mo. LEXIS 135
CourtSupreme Court of Missouri
DecidedJuly 2, 1907
StatusPublished
Cited by7 cases

This text of 103 S.W. 1071 (State ex rel. Brown v. McIntosh) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. Brown v. McIntosh, 103 S.W. 1071, 205 Mo. 616, 1907 Mo. LEXIS 135 (Mo. 1907).

Opinion

LAMM, J.

This is an original proceeding in tMs court by mandamus to compel respondents, styled the “State Board of Dental examiners for the State of Missouri” (Laws 1905, p. 214), hereinafter called the “hoard,” to issue to relator a license, or “renewal license,” to practice dentistry in accordance with sections 8527 and 8528 of the Dentist Act of 1905 (Ann. Stat. 1906, p. 400, et seq.)

An alternative writ went, requiring respondents to issue such license immediately on receipt thereof, or appear and show cause why it has not been done.

Respondents made return. On the coming in of that return, relator Mdged a motion. for judgment, that a peremptory mandamus go, non obstante. The case thus stands on an issue at law on any allegations of fact in the alternative writ not denied by the return, and on the allegations of new matter in the return, if any — all such allegations of fact, well-pleaded, being taken as true for the purposes of the motion.

Attending to the narrations of the alternative writ they are, in a nutshell, that relator, on the fourth day of June, 1897, and long prior thereto, was, since that time has been, and now is a bona fide practitioner of dentistry and dental surgery in the city of St. Louis, lawfully so engaged; that on the date first aforesaid she was duly registered as a qualified dentist by the register of said city in accordance with the provisions of section 2 of the Dentist Act of 1883 (Laws 1883, p. 114); that on or about said date (to-wit, June 4, 1897), with a fee of one dollar, she filed with the hoard the certificate of said register, certifying she was a licensed dentist under the Dentist Act of 1897 (Laws 1897, p, [621]*621166) and liad-fully complied with the law — said certificate (omitting signature, seal and countersigning) being as follows: “I, Henry Besch, Register of the city of St. Louis, do hereby certify that Annie L. Brown, licensed dentist, under an act to repeal article 3 of chapter 110, Revised Statutes of Missouri of 1889; and to enact a new article in lieu thereof, to be known as article 3 of chapter. 110, approved March 19, 1897, has this day recorded his certificate in the office of the City Register, as required by section 8 of said Act;” that said certificate was filed within ninety days after the Act of 1897 became a law; that by virtue of the provisions of that act, it was the duty of said board to issue a license to her; that in violation of their duty they failed and neglected so to do; that, the premises considered, she-became and was a licensed dentist, ivas and is a bona fide practitioner of dentistry, etc., and since June 4,1897, until November 30,1905 (and ever since), has lawfully practiced her profession in St. Louis, as a reputable, proficient, legal and duly qualified dentist; that on May 10, 1906, relator made requests and demands upon said board (sending another dollar and a re-certification of the registration hereinbefore' set forth) as follows (omitting caption and signature):

“On the fourth day of June, 1897, and for a longtime prior thereto, I was legaly engaged in the practice of dentistry in the city of St. Louis, Missouri, and was duly qualified to practice dentistry and was properly registered as such by the register of the city of St: Louis, and that I filed with the State Board of Dental Examiners of the State of Missouri, the certificate of the register of the city of St. Louis which certified that I was a licensed dentist under the Act of March 19, 1897, and that I had fully complied with the law. That , with said certificate I made a tender of payment of the fee required by law (sec. 8527, R. S. 1899) of one dollar. That said certificate and tender [622]*622was filed and made within ninety days after the act entitled ‘ Dentistry, ’ Act of March, 1897, became a law, to-wit, on or about June 4, 1897. That under and by virtue of the provisions of said act entitled ‘Dentistry,’ approved March 19!, 1897, and which is now section 8527, Revised Statutes 1899, it was the duty of the State Board of Dental Examiners to issue to me a license, which they, in violation of their said duty, failed and neglected to do.

“You will find herewith enclosed a copy of the certificate which was filed with said board on or about June 4, 1897, 'and one dollar to pay the fee of one dollar required by act approved April 12, 1905, entitled, ‘An Act to regulate Surgery.’ See Laws 1905, page 214.

“My address is Carleton Building, northeast corner of Sixth and Olive streets, St. Louis, and my signature is at the end of this communication. You will therefore issue to me a license in accordance with the provisions of said section 8527, Laws 1905, page 214.”

It is alleged that on receipt of the foregoing communication the board returned to relator the one dollar, but retained the register’s certificate enclosed; and its secretary sent relator the following reply on May 12, 1906, to her requests and demands:

“Dr. Annie L. Brown,

St. Louis, Mo.

“Dear Doctor: — Your letter of the 10th inst., addressed to the Dental Board containing fee of one dollar received, replying to which will say that soon after your first application for registration before this board, I wrote you that the board desired further information with reference to your registration and requested that you appear before the board at its meeting in Kansas City, May 10,1898, or at any subsequent meeting thereof and prove that you were the lawful possessor of the City Registrar’s certificate and that same was oh[623]*623tained without fraud or false representation. Yon failed to appear at that meeting and did not appear at any subsequent meeting of the Board during the six years that law was in operation. Since that time, however, another law has been passed, under the terms of which the Board is not authorized to register you except upon examination.

“I therefore herein return the dollar yon enclosed.”

It is alleged in the alternative writ that, considering the premises, it was the duty of respondents by virtue of the provisions of sections 8527 and 8528 of the Dentist Act of 1905, supra, to issue relator a renewal license; but they had violated their duty in failing and refusing to . issue such renewal license. Wherefore, etc.

As exhibit A, there is attached to relator’s petition a new certificate, in substance the same as herein-before set forth, but made by another register, bearing the same date as the former, to-wit, June 4, 1897, but countersigned April 2, 1906. There is also attached, as exhibit B, the following certified to be a true copy of the original in the office of the city register, to-wit:

“Roll of Physicians and Surgeons Residing in St. Louis County, Mo.:

Date of Registration. Name of Physician or Surgeon. Date of Filing Diploma. Date of Diploma.

275. June 4, 1897. Annie L. Brown. June 4, 1897. June 2, 1897.

Name of School or University Granting Diploma:

Kansas City College of Dental Surgery.

Location of School or University Granting Diploma:

Kansas City, Mo.

“Duplicate issued April 2, 1906.”

In a nutshell respondents’ return is as follows: They deny every allegation not specifically admitted, [624]*624admit they constitute the hoard of dental examiners, admit relator was and is engaged in the practice of dentistry in St.

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Cite This Page — Counsel Stack

Bluebook (online)
103 S.W. 1071, 205 Mo. 616, 1907 Mo. LEXIS 135, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-brown-v-mcintosh-mo-1907.