Dyment
Dyment v. Board of Medical Examiners
Opinion
Lead Opinion
Houser, J.
In a proceeding instituted before the respondent Board of Medical Examiners the license of appellant to practice medicine and surgery in this state was revoked. Thereafter appellant filed in the superior court a petition for a writ of certiorari, in which it was prayed that the proceedings before said board which resulted in the order for the revocation of petitioner’s license to practice medicine and surgery be reviewed and said order annulled. The respondent board demurred to said petition, with the result that the demurrer was sustained without leave to amend the petition. Thereupon judgment was entered in favor of respondent; and it is from such judgment that this appeal is prosecuted.
In substance, one of the contentions of appellant rests upon the allegation in his petition for a writ of certiorari to the effect that because one of the members of respondent Board of Medical Examiners was prejudiced against petitioner, and because, in the circumstances, the vote of such member was necessary in order that a legal order of revocation of the license of petitioner be made by said board, a qualified quorum of said respondent board was not present at its proceedings in said…