INJUNCTIONS POWER OF EQUITY TO ENJOIN CRIMINAL ACT - ILLEGAL PRACTICE OF MEDICINE AS A PUBLIC NUISANCE

Authors

Michigan Law Review, University of Michigan Law School

Abstract

The state, on the relation of a district attorney, sued to enjoin the defendant from practicing medicine in violation of a state statute. The statute termed the offense a misdemeanor and provided for imprisonment and a fine. The state alleged that the defendant's activities constituted a public nuisance because he was unskillful and thus endangered the health and lives of the public. Defendant demurred on the grounds that such conduct did not constitute a public nuisance and that the penal provisions of the statute afforded an adequate remedy. Held, injunction granted on the ground that the defendant's practice of medicine was a public nuisance and the penal provisions of the statute were inadequate. State ex rel. Marron v. Compere, 44 N. M. 414, 103 P. (2d) 273 (1940).

Recommended Citation

Michigan Law Review, INJUNCTIONS POWER OF EQUITY TO ENJOIN CRIMINAL ACT - ILLEGAL PRACTICE OF MEDICINE AS A PUBLIC NUISANCE, 39 Mich. L. Rev. 1035 (1941).
Available at: https://repository.law.umich.edu/mlr/vol39/iss6/20