Shoults

This is an appeal by the petitioner from a judgment of the superior court upon proceedings upon a writ of review, which judgment affirmed the proceedings of the respondents acting as the board of medical examiners of the state of California.

The only question before this court upon this appeal is: Did the board of medical examiners exceed its jurisdiction in making the order complained of? (Sec. 1068, Code Civ. Proc.; Jordan v. Alderson, 48 Cal. App. 547 [ 192 Pac. 170 ].) The facts pertinent to a determination of that question are:

At the hearing appellant appeared by counsel and in person and admitted the use of the suffix complained of by the board, whereupon he was found guilty of unprofessional conduct as charged in the complaint.

The attorney for Dr. Shoults stated that the doctor was willing to discontinue the use of the suffix to his name and asked that the board consider that fact and dismiss the proceedings. The following then occurred:

Appellant contends that because the chairman, in stating the motion, did so inaccurately, his language is to be looked to for the sense of the motion carried by the board, and not the language of the mover and the intention of the…