Osborne

This is an appeal from a, judgment of the superior court annulling, upon writ of review, an order of the State Board of Dental Examiners whereby the license of respondent to practice dentistry in the state of California was revoked. The questions to be determined are whether there was any testimony adduced before the board showing that respondent was chargeable with knowledge that his unlicensed employee was practicing dentistry, and whether such knowledge is necessary before it can be said that a dentist is aiding or abetting an unlicensed person to practice dentistry.

Inasmuch as appellant has argued that it is not the province of a court in certiorari proceedings to concern itself further than to determine whether the quasi-judicial body, such as is the Board of Dental Examiners, has exceeded its jurisdiction, it should be here observed that where such tribunal or board has acted, not upon a conflict in the evidence, but in spite of a lack of any competent evidence, it has exceeded its jurisdiction. It may be put in this language : That the writ of review may be used to determine whether there was any testimony to establish certain facts without the existence of which the…