State ex rel. Mayers v. Gray

4 Ohio Law. Abs. 182

Opinion

ALLEN, J.

1. Under the provisions of Section 1295-31, General Code (110 O. L. 22) the State Board of Optometry in revoking a license for grossly unprofessional conduct, is performing an executive and not a judicial function.

2. The extraordinary wi’it of mandamus will not issue to compel the- State Board of Optometry to reinstate the license of an optometrist who has been notified of charges embodied in an affidavit, given an opportunity to make a statement and to produce witnesses in his own behalf, and has failed so to do.

Demurrer sustained.

Marshall, CJ., Day, Kinkade and Robinson, JJ., concur.