1 Johns. 513
Decided August 15, 1806
New York Supreme Court · decided 1806-08-15
ON return to the certiorari, in this cause, it appeared, that an action of debt had been brought by the defendant in error, against the plaintiff in error, before the justice, to recover the penalty of 35 dollars, for practising and administering medicine, contrary to the act,* and without obtaining the certificate, or making such proof as is required by the 1st section of the act.
Good law ✅— No negative treatment on recordhow we know
Decided 1806-08-15
Cited by 17 later decisions — most recently February 1905
16 state decisions — followed in 10 states
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1The averment, that the defendant practised physic contrary to the statute, was sufficient; and it was incumbent on the defendant, by his plea, to have brought himself within some of the provisos of the act. As he has not done so, either by pleading or evidence, we are of opinion that the judgment ought to be affirmed.
¶2Judgment affirmed.