White v. Lapeer Circuit Judge

Michigan Supreme Court

White v. Lapeer Circuit Judge

94 N.W. 601, 133 Mich. 93, 1903 Mich. LEXIS 463

CourtMichigan Supreme Court

DecidedApril 28, 1903

DocketCalendar No. 19,868

StatusPublished

Cited by2 cases

This text of 94 N.W. 601 (White v. Lapeer Circuit Judge) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

White v. Lapeer Circuit Judge, 94 N.W. 601, 133 Mich. 93, 1903 Mich. LEXIS 463 (Mich. 1903).

Pincite

Opinion

Per Curiam.

One A. H. Wesley was arrested, tried, and convicted of unlawfully practicing medicine contrary to Act No. 237, Pub. Acts 1899. He took an appeal to the circuit court. The respondent quashed the proceedings on account of a defective complaint. The relator now asks for the writ of mandamus to compel the respondent to vacate that order and to proceed with the trial.

It is alleged -that the complaint is defective, in that it is general in its terms, is stated in the language of the statute, and does not specify the particular acts or means by which the defendant in that .suit practiced medicine. This precise question was before the court, under a similar statute, in People v. Phippin, 70 Mich. 6 (37 N. W. 888). We there held the complaint sufficient.

The writ will issue.

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Per Curiam.

One A. H. Wesley was arrested, tried, and convicted of unlawfully practicing medicine contrary to Act No. 237, Pub. Acts 1899. He took an appeal to the circuit court. The respondent quashed the proceedings on account of a defective complaint. The relator now asks for the writ of mandamus to compel the respondent to vacate that order and to proceed with the trial.

It is alleged -that the complaint is defective, in that it is general in its terms, is stated in the language of the statute, and does not specify the particular acts or means by which the defendant in that .suit practiced medicine. This precise question was before the court, under a similar statute, in People v. Phippin, 70 Mich. 6 (37 N. W. 888). We there held the complaint sufficient.

The writ will issue.

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Bluebook (online)

94 N.W. 601, 133 Mich. 93, 1903 Mich. LEXIS 463, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-v-lapeer-circuit-judge-mich-1903.

Opinion

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