Dogge v. State

• Decision Date: 27 January 1885
• Citation: 22 N.W. 348,17 Neb. 140
• Parties: OTTO H. DOGGE, PLAINTIFF IN ERROR, v. THE STATE OF NEBRASKA, DEFENDANT IN ERROR
• Court: Nebraska Supreme Court

22 N.W. 348

17 Neb. 140

OTTO H. DOGGE, PLAINTIFF IN ERROR, v. THE STATE OF NEBRASKA, DEFENDANT IN ERROR

Supreme Court of Nebraska

January 27, 1885

ERROR to the district court for Lancaster county. Tried below before POUND, J.

AFFIRMED.

J. C Johnston and Lamb, Ricketts & Wilson, for plaintiff in error.

William Leese, Attorney General, for the State.

OPINION

MAXWELL, J.

The plaintiff in error was convicted of practicing medicine in Lancaster county without first having complied with the act "to regulate the practice of medicine in the state of Nebraska," approved March 3d, 1881 (Laws of 1881, pages 282-286). The testimony shows that he is a graduate of one or more medical colleges, and that he has practiced medicine for about eighteen years before removing to this state. He therefore claims that the provisions of the act do not apply to him.

Sec. 1 of the act above referred to declares that "it shall be unlawful for any person to practice medicine, surgery, or obstetrics, or any of the branches thereof, in the state, without first having complied with the provisions of this act relating to registration; and no person practicing medicine, surgery, or obstetrics, or any of the branches thereof, shall be entitled to registration unless possessed of the qualifications required by section four of this act."

Sec. 4, as amended in 1883, is as follows: "No person shall be entitled to registration as a physician or surgeon under the provisions of this act, or to practice medicine, surgery, or obstetrics, or any branch thereof, in this state, unless he or she shall be possessed of one of the qualifications named in this section, as follows: First. A graduate of a legally chartered medical college or institution having authority to grant the degree of "Doctor of Medicine;" or Second. Persons who can show documentary evidence that they have passed a satisfactory examination before medical boards of other states created for the purpose of such examination, and all surgeons and assistant surgeons who were commissioned and served as such in the late war of the rebellion; or Third, A person who shall have, at the time this act takes effect, attended one course of lectures in a legally chartered medical college or institution having authority to confer the degree of "Doctor of Medicine," and practiced medicine continually for three years, the last one year of which practice shall have been in this state; or Fourth, A person who shall have been, at the time of the taking effect of this act, engaged in the practice of medicine, surgery, or obstetrics for a livelihood for a period of ten years, the last two years of which practice has been in this state. Provided, That no person not a resident of this state at the time this act takes effect who has not received the degree of doctor of medicine from a legally chartered medical college or institution having authority to grant the same, shall be admitted to registration under this act, or authorized to practice medicine, surgery, or obstetrics in this state." Laws of 1883, page 246.

Sec. 2 of the act of 1881 requires the person registering as a physician or surgeon to file with the county clerk of the county in which he or she resides a...