Supreme Court of Iowa, 1915, McAninch Chiropractors



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

Prior History -- Appeal from Jasper District Court.--Hon. Henry Silwold, Judge.


Tuesday, October 5, 1915.


Sec. 2579 of the Code defines one practicing medicine, surgery or obstetrics, and being a physician,

to be a person “who shall publicly profess to be a physician, surgeon or obstetrician, and assume

the duties, or who shall make a practice of prescribing or of prescribing and furnishing medicine for

the sick, or who shall publicly profess to cure or heal.” Sec. 2580, Code, is, among other things, that

It shall be a misdemeanor for any person to “practice medicine, surgery or obstetrics in the state

without having first obtained and filed for record” a prescribed certificate. The indictment at bar

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, <>.

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.”



McAninch Family History NL, v.XIII.n.3 /  July 2005 / Copyright Frank McAninch / page 2005-21


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