State Ex Rel. Welsh v. State Medical Board

Ohio Supreme Court

State Ex Rel. Welsh v. State Medical Board

60 N.E.2d 620, 145 Ohio St. 74, 145 Ohio St. (N.S.) 74, 30 Ohio Op. 287, 1945 Ohio LEXIS 392

CourtOhio Supreme Court

DecidedApril 4, 1945

Docket30167

StatusPublished

Cited by10 cases

This text of 60 N.E.2d 620 (State Ex Rel. Welsh 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

State Ex Rel. Welsh v. State Medical Board, 60 N.E.2d 620, 145 Ohio St. 74, 145 Ohio St. (N.S.) 74, 30 Ohio Op. 287, 1945 Ohio LEXIS 392 (Ohio 1945).

Pincite

Opinion

*75 By the Court.

Counsel for relator cite no statute requiring the State Medical Board to restore or reinstate a license which has been revoked. It is stated in the brief for relator: “The question then is this: Granted that the Legislature failed expressly to endow the medical board with the powers of restitution of license after revocation, has the board implied or cognate power to do so? We believe and respectfully submit that it has.”

The writ of mandamus will not issue to command performance of “implied or cognate power.” Section 12283, General Code, defines mandamus as “a writ issued * * * to * * * a * * * board* * * commanding the performance of an act which the law specially enjoins as a duty resulting from an office. * * *.” (Emphasis ours.)

We are asked to issue a writ of mandamus to command the performance of an act which is not specially enjoined by law upon the board. The writ will not issue for that purpose.

Writ denied.

Weygandt, C. J., Zimmerman, Bell, Williams, Turner, Matthias and Hart, JJ., concur.

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