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147 Ga. 407

Ausbrooks v. State

Supreme Court of Georgia

Decided November 17, 1917

Supreme Court of Georgia · decided 1917-11-17

<p>Accusation of misdemeanor. Before Judge Bourke. City court of Savannah. April 21, 1917.</p>

Cited by 2 later decisions — most recently September 1938

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1917-11-17

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George, J.

¶11. The act of 1916 (Acts 1916, p. 88), amending the act of 1909 (Acts 1909, p. 123), establishing a board of osteopathic examiners, by extending the provisions of the original act to all other non-drug-giving practitioners except Christian Scientists and masseurs, is unconstitutional, because it seeks to import into the act to be amended matter not germane to it and not indicated by its caption, and therefore offends against the constitutional provision that “No law or ordinance shall pass which refers to more than one subject-matter, or contains matter different from what is expressed in the title thereof.” Civil Code, § 6437.

¶22. The court erred in overruling the demurrer based upon the ground indicated in the preceding note, and in refusing a new trial.

¶3Judgment reversed.

All the Justices concur, except Fish, O. J., absent, and Gilbert, J., dissenting.
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