Bley

This is an appeal from a judgment, directing the issuance of a permanent writ of prohibition against the defendants. The facts are briefly these:

On May 10, 1928, an accusation was filed with the Board of Dental Examiners of the State of California against the plaintiff Frederic A. Bley by one L. M. Armstrong, an investigator for said board; a citation was issued and served upon plaintiff directing him to appear before said board at Bakersfield, California, on June 15, 1928, and answer said accusation. Thereafter, but prior to said hearing, plaintiff and respondent herein filed in the Superior Court of the County of San Joaquin a petition for a writ-of prohibition directed to appellants herein. On the filing of said petition, an alternative writ of prohibition was issued on June 14, 1928; on June 25, 1928, appellants appeared and demurred to said petition on the ground that the same does not state facts sufficient to constitute a cause of action; they likewise and at the same time filed an answer to said petition. Thereafter, and on November 22d, an order of said superior court was made granting plaintiff a preliminary writ of prohibition against the appellants herein; appellants…