In re Lorigan

Citations

• 25 Haw. 445

Syllabus

<p>Mandamus — office of — judicial or quasi-judicial power.</p> <p>In a mandamus proceeding to coerce a judicial officer or any person or board in the exercise oí judicial or quasi-judicial power the sole legitimate purpose thereof is to set such person or hoard in motion; to command him or it to act, not how to act.</p> <p>Saie — same—discretion—what constitutes discretion.</p> <p>Where there is no reasonable ground to justify a decision by such officer or board other than one way a refusal to find accordingly is not an exercise of discretion but a refusal to exercise it and where there is no legal remedy the court will award its writ of mandamus to compel the person or body to find the facts in accordance with the evidence.</p> <p>Physicians and Surgeons — hoard of examiners — powers quasi-judicial. ■</p> <p>Under our statute (Sec. 1041 R. L. 1915) providing for the examination of candidates for licenses to practice dentistry the board in passing upon the qualification of candidates exercises quasi-judicial powers and its decision as to qualifications cannot be controlled by mandamus unless the evidence before it will admit of but one conclusion, viz., that the candidate passed the required grade.</p>