People Ex Rel. Bennett v. Laman

14 N.E.2d 439 (1938)

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Nature of the Case

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Facts

Ps allege in their complaint that D is neither qualified nor licensed to practice medicine and that D fraudulently represents himself as a qualified practitioner of medicine in violation of the law. The complaint also alleges that in the year 1932 and again in 1935, D was charged with a crime for such illegal activities and prosecuted. However, he was acquitted by the verdict of a jury in each instance. Ps contend that the constituted authorities are powerless to deal with D on account of his unlawful practice and that they have no adequate remedy at law and thus seek to restrain D from practicing medicine or chiropractic or maintaining an office or using the title chiropractor. The complaint was dismissed by the trial court, and that was affirmed by the intermediate appellate court.