State Board of Medical Examiners v. Sabol

Supreme Court of New Jersey

State Board of Medical Examiners v. Sabol

135 A. 785, 5 N.J. Misc. 156, 1927 N.J. Sup. Ct. LEXIS 361

DecidedJanuary 19, 1927

StatusPublished

This text of 135 A. 785 (State Board of Medical Examiners v. Sabol) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State Board of Medical Examiners v. Sabol, 135 A. 785, 5 N.J. Misc. 156, 1927 N.J. Sup. Ct. LEXIS 361 (N.J. 1927).

Pincite

Opinion

Per Curiam.

The defendant was charged with having violated section 10 of “An act to regulate the practice of medicine and surgery,” &c., approved May 22d, 1894, as amended by the act approved April 8th, 1921. Pamph. L. 1921, p. 702. The defendant was tried before the First District Court of the city of Newark, without a jury. The court found the defendant not guilty. The writ of certiorari seeks to set aside the judgment of the court below. Our reading of the record in this case leads us to the conclusion that the case is one entirely of fact.

It is the settled law of this court not to review questions of fact, in reviewing the decisions of inferior tribunals. McAdam v. Block, 63 N. J. L. 508.

Cases tried without a jury the judge settles and determines the facts. Bound Brook Stove Works v. Ellis, 98 N. J. L. 523. In this ease there is evidence on which the judgment of the court below rests.

The judgment of the Eirst District Court of Newark is affirmed.

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Per Curiam.

The defendant was charged with having violated section 10 of “An act to regulate the practice of medicine and surgery,” &c., approved May 22d, 1894, as amended by the act approved April 8th, 1921. Pamph. L. 1921, p. 702. The defendant was tried before the First District Court of the city of Newark, without a jury. The court found the defendant not guilty. The writ of certiorari seeks to set aside the judgment of the court below. Our reading of the record in this case leads us to the conclusion that the case is one entirely of fact.

It is the settled law of this court not to review questions of fact, in reviewing the decisions of inferior tribunals. McAdam v. Block, 63 N. J. L. 508.

Cases tried without a jury the judge settles and determines the facts. Bound Brook Stove Works v. Ellis, 98 N. J. L. 523. In this ease there is evidence on which the judgment of the court below rests.

The judgment of the Eirst District Court of Newark is affirmed.

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Bluebook (online)

135 A. 785, 5 N.J. Misc. 156, 1927 N.J. Sup. Ct. LEXIS 361, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-board-of-medical-examiners-v-sabol-nj-1927.