Ex parte Samples
| Decision Date | 17 January 1924 |
| Docket Number | 7 Div. 439. |
| Citation | 98 So. 803,210 Ala. 544 |
| Parties | EX PARTE SAMPLES. v. STATE. SAMPLES |
| Court | Alabama Supreme Court |
Petition for Certiorari to Court of Appeals.
Orville Samples, having been convicted of practicing dentistry without a license, and judgment being affirmed by the Court of Appeals, petitions for certiorari to the Court of Appeals to review and revise the judgment and decision there rendered in the case styled Samples v. State (Ala. App.) 98 So. 211. Writ denied.
Isbell & Scott, of Ft. Payne, for petitioner.
Harwell G. Davis, Atty. Gen., for the State.
No vested right under the state or federal Constitution has been denied petitioner in the enforcement of the provisions of General Acts 1919, p. 784, after the repeal (by Act Feb. 17, 1919, p. 148), of the provisions of the act of September 25, 1915 (Acts 1915, p. 923), providing:
The former statute is not in effect an ex post facto law, or, if enforced against petitioner, will not deprive him of his property without due process of law guaranteed by the Fourteenth Amendment to the Constitution of the United States. This court, and the Supreme Court of the United States, have declared that a license or certificate may be "required of a physician, surgeon, dentist, lawyer or school-teacher." Douglas v. Noble, 261 U.S. 165, 43 S.Ct. 303, 67 L.Ed. 590; Lehman v. State Board of Public Accountancy, 208 Ala. 185, 94 So. 94. Writ of error to the Supreme Court of the state of Alabama was denied by the Supreme Court of the United States on December 10, 1923, in the Lehman Case, 44 S.Ct. 128, 68 L.Ed. -.
The act of September 29, 1919 (Gen. Acts, p. 784), was an exercise of legislative authority within the police power of government.
The writ of certiorari is denied, and judgment of the Court of Appeals affirmed.
To continue reading
Request your trial
-
In re Fite
... ... the control and regulation of the business of the board and ... of the state bar." Section 6225, Code 1923; Ex parte Von ... L. Thompson (Ala. Sup.) 152 So. 229; Ex parte Robert G ... Messer (Ala. Sup.) 152 So. 244; Ex parte Hugh Walker (Ala ... Sup.) 152 So ... 455, 86 So. 28; Railroad Commission v. Ala. North. Ry ... Co., 182 Ala. 357, 62 So. 749; Ex parte Samples ... (Samples v. State), 210 Ala. 544, 98 So. 803; Woco ... Pep Co. of Montgomery v. City of Montgomery, 213 Ala ... 459, 105 So. 214; 27 A. L ... ...
-
Pickett v. Matthews, 2 Div. 149.
... ... absolve the company from its common law liability for gross ... negligence. Ex parte Priester, 212 Ala. 271, 102 So. 376; ... American Union Telegraph Co. v. Daughtery, 89 Ala ... 191, 7 So. 660 ... This ... related to ... accrued and vested. 11 Amer.Jur. 1200; 16 Corpus Juris ... Secundum Constitutional Law, p. 646, § 223; Samples v ... State, 19 Ala.App. 478, 98 So. 211, certiorari denied ... with opinion 210 Ala. 544, 98 So. 803 ... In this ... connection ... ...
-
McGregor v. McGregor
... ... Gray, Administrator, 1 Ala. 226; Boyce v ... Holmes, 2 Ala. 54; Kidd v. Montague, 19 Ala ... 619; Eskridge v. Ditmars, 51 Ala. 245; Ex parte ... Buckley, 53 Ala. 42; Warten v. Matthews, 80 Ala ... 429; Barrington v. Barrington, 200 Ala. 315, 76 So ... The ... legislative act ... See, also, First National Bank v. Jackson ... County, 227 Ala. 448, 150 So. 690; Ballenger v ... State Board, 234 Ala. 377, 176 So. 387; Samples v ... State, 19 Ala.App. 478, 98 So. 211, certiorari denied ... 210 Ala. 544, 98 So. 803 ... The ... limitation of section 272, supra, ... ...
-
Brady v. State Pilotage Com'n
...present general laws cannot be regarded as a vested right." Samples v. State, 19 Ala.App. 478, 98 So. 211 (1923), cert. denied, 210 Ala. 544, 98 So. 803 (1924). Brady, being the first applicant to comply with all the statutory requirements, was, therefore, entitled to be licensed ahead of G......