120 S.W. 574 | Tex. App. | 1909
This was a proceeding by mandamus to compel the Board of Medical Examiners for the State of Texas to issue to the appellee, Mrs. E. C. Taylor, the verification license, required by the Acts of 1907, p. 224, regulating the practice of medicine, authorizing her to practice medicine in this State.
As claimed by her petition, and admitted in the record to be true in fact, appellee E. C. Taylor presented, on February 22, 1908, to the appellant Board of Medical Examiners her application for verification license, under sec. 6 of chap. 123, Acts 1907 (Laws 30th Leg., p. 224), to practice medicine, accompanying same with a legally certified copy of license granted to her by the legally constituted Board of Medical Examiners of the Sixth Judicial District of Texas on March 15, 1889, and which had been duly recorded in the district clerk's office of Lamar County, and filing with the said appellant affidavits of reputable citizens that she had been a regular practitioner of medicine in said county from the date of the certificate up to the present time. The appellant board refused her application for verification license to practice medicine as applied for, but, claiming that it was the only verification license she was authorized to receive, granted, issued and tendered her a verification license to practice "obstetrics only," which she refused. *293
The appellant board demurred to the petition, which demurrer was by the court overruled. It was then agreed in writing by the parties "that all the allegations set up in plaintiffs' original petition are true in fact." Upon this admission the court entered a decree in favor of appellee, awarding mandamus.
After stating the case: — All the assignments relate to the one question involved in the appeal, and are considered together. The appellant board, in passing on the application and documents presented by the appellee for a verification license to practice medicine, as it must be assumed from the facts plead and admitted to be true, determined and found that the license granted to appellee in 1889 by the district medical board was genuine and valid, and that appellee was the person named therein, and that it had been duly recorded in the office of the district clerk of Lamar County at the time of its issuance. According to the allegation, and admitted to be true, appellee established by proof to the appellant board "that she had been a legal and regular practitioner of medicine under said certificate from its date to the present time," and "had been recognized as a practicing physician, engaged in the practice of medicine, had a general practice in Paris, Texas, for the past sixteen to nineteen years." By the tender of a verification license to appellee to practice "obstetrics only" it must be assumed, as is in fact true, there being no question of fraud or improper personal conduct on appellee's part involved, that the appellant board construed the license of appellee to authorize her to practice "obstetrics only," and for that reason alone denied her the verification license to practice medicine. This, we think, became a question of law wherein this court would have the right of review. As was said in the case of Terrell v. Greene,
Holding, as we do, that the legal effect of the certificate granted to the appellee by the district medical board was to authorize her "to practice medicine" under the laws at the time in force, it follows that she is entitled to a verification license at the hands of appellant as broad as the legal effect of her certificate which, by force of the law, is "to practice medicine." We think the appellant board is authorized under the present law to grant such verification license, and would be required to do so in this case. The petition prays for verification license "according to the terms and provisions of the certificate granted," which, we hold, means in law and has the legal effect of allowing her "to practice medicine;" and this, as a pleading, is sufficient to warrant the relief prayed for.
The case was ordered affirmed.
Affirmed.
Writ of error granted. Judgment affirmed.