Supreme Court of Iowa, 1915, McAninch Chiropractors |
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Iowa: 1915 -- Court case, John Earl McAninch and Cecil Sylvester McAninch, Chiropractors |
[John and Cecil, sons of David Franklin McAninch, of Brooklyn, Poweshiek County, Iowa, |
lost their original case, in Jasper County, and then lost their appeal to the Iowa Supreme Court] |
State of Iowa, Appellee, v. J. E. McAninch et al., Appellants. |
October, 1915, Decided |
Supreme Court of Iowa, Des Moines; 172 Iowa 96; 154 N.W. 399; 1915 Iowa Sup. Lexis 291 |
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Prior History -- Appeal from Jasper District Court.--Hon. Henry Silwold, Judge. |
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Tuesday, October 5, 1915. |
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Sec. 2579 of the Code defines one practicing medicine, surgery or obstetrics, and being a physician, |
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to be a person “who shall publicly profess to be a physician, surgeon or obstetrician, and assume |
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the duties, or who shall make a practice of prescribing or of prescribing and furnishing medicine for |
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the sick, or who shall publicly profess to cure or heal.” Sec. 2580, Code, is, among other things, that |
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It shall be a misdemeanor for any person to “practice medicine, surgery or obstetrics in the state |
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without having first obtained and filed for record” a prescribed certificate. The indictment at bar |
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was presented on October 16, 1913, and charges that: |
“The said J. E. McAninch and C. S. McAninch that date to the finding of this indictment, in the |
county of Jasper and state of Iowa, did willfully and unlawfully assume the duties of a physician, |
and make a practice of treating persons afflicted with disease, and did then and there willfully and |
unlawfully, publicly profess to treat, cure and heal persons afflicted with disease, by a system of |
treatment called 'Chiropractic', without first having obtained from the state board of medical |
examiners of the state of Iowa, and recorded in the office of the county recorder of McAninch and |
C. S. McAninch to practice as such, contrary to and in violation of law.” |
The defendants interposed a demurrer, which . . . asserts that the indictment charges an impossible |
offense, and is otherwise insufficient under our statutes. They also interposed a plea in bar, claiming |
that the dismissal of an indictment found earlier than the one at bar operates as a bar to prosecution |
under the last indictment. On the overruling of demurrer and plea, pleas of not guilty were entered, |
and a conviction ensued. From the judgment entered on the verdict, defendants appeal. – Affirmed. |
Found in Lexis-Nexis by Richard Cochran, Big Rapids, Michigan, <rcochran@tucker-usa.com>. |
Richard said “This one pertains to John Earl and Cecil Sylvester McAninch, sons of David Franklin |
McAninch, of Brooklyn, Iowa. The whole case runs 17 pages; quite complicated, but it looks like |
the original case appealed from the Jasper County, Iowa District Court was upheld.” |
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McAninch Family History NL, v.XIII.n.3 / July 2005 / Copyright Frank McAninch / page 2005-21 |