Rutledge v. State Medical Board

Ohio Supreme Court

Rutledge v. State Medical Board

1 Ohio Law. Abs. 136

CourtOhio Supreme Court

DecidedJuly 1, 1922

DocketNo. 15964

StatusPublished

This text of 1 Ohio Law. Abs. 136 (Rutledge v. State Medical Board) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Rutledge v. State Medical Board, 1 Ohio Law. Abs. 136 (Ohio 1922).

Pincite

Opinion

MARSHALL, C. J.:

1. Section 1276, General Code, grants the right of appeal from certain orders of the state medical board, but does not define the procedure for perfecting such appeaal. The right to appeal thus conferred is a substantial right which does not fail because of the failure to provide the mode of perfecting it.

2. Where a party desires to appeal and files in the court of of common pleas of the county of his residence a petition alleging his grievance against the board and demanding a certification of the papers and records to that court, it is error to dismiss his proceeding without a hearing upon the claim so appealed.

Judgment reversed.

Hough, Wanamaker, Robinson, Jones and Matthias, JJ., concur. Clark, J.J took no part in the consideration or decision of the case.

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MARSHALL, C. J.:

1. Section 1276, General Code, grants the right of appeal from certain orders of the state medical board, but does not define the procedure for perfecting such appeaal. The right to appeal thus conferred is a substantial right which does not fail because of the failure to provide the mode of perfecting it.

2. Where a party desires to appeal and files in the court of of common pleas of the county of his residence a petition alleging his grievance against the board and demanding a certification of the papers and records to that court, it is error to dismiss his proceeding without a hearing upon the claim so appealed.

Judgment reversed.

Hough, Wanamaker, Robinson, Jones and Matthias, JJ., concur. Clark, J.J took no part in the consideration or decision of the case.

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Bluebook (online)

1 Ohio Law. Abs. 136, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rutledge-v-state-medical-board-ohio-1922.