Purviance

Purviance v. Compton

Good Law
1928 Cal. App. LEXIS 656·94 Cal. App. 277·271 P. 120
Court of Appeal of CaliforniaOctober 10, 1928Docket No. 6268.California1,229 words

Opinion

Lead Opinion

Campbell, J.

This is an appeal from a judgment entered in favor of defendants upon the sustaining of the demurrer without leave being given to amend.

The plaintiff, a chiropractic practitioner, seeks an injunction against the defendants, members of the State Board of Chiropractic Examiners. The action sought to be enjoined is the threatened act of placing on trial as to a fact, and the passing judgment upon such proof, in the investigation and revoking of plaintiff’s license to practice chiropractic in this state.

The Chiropractic Act (Stats. 1923, lxxxviii; Deering’s Gen. Laws 1923, Act 4811) at section 10 provides that a license shall be revoked in proper cases. It further provides that a complaint shall be filed and other proceedings followed. Section 4 (c) empowers the board to revoke licenses, and section 4 (d) authorizes the summoning of witnesses and the taking of testimony.

The facts generally alleged in the complaint are: On February 10, 1923, .the governor of the state of California appointed the so-called “First Board of Chiropractic Examiners”; that on September 17, 1923, in an action prosecuted by the people of the state of California against such appointees, this “First Board”…

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