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· 2/8/1913

Richardson v. Simpson

Citations

  • 88 Kan. 684
  • 129 P. 1128
  • 1913 Kan. LEXIS 401

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Dentist’s License—Revocation—By Board of Examiners— Conclusive. Where the state board of dental examiners, acting within its jurisdiction, revokes the license of a dentist for alleged misconduct, and an action is brought to enjoin the enforcement of the order, on the ground that it was fraudulently made, a finding by the court that the members of the board acted honestly and impartially, and not arbitrarily, compels a judgment sustaining their decision, notwithstanding a further finding that their action was oppressive.</p> <p>2. - What Constitutes a False Statement Under the Statute. ' The making of a promise without an intention to perform it may amount to a false statement as to an existing condition within the meaning of a statute authorizing a dentist’s license to be revoked where he has obtained mohey by false representations.</p> <p>3. - Statute Not Void for Indefiniteness. In a statute authorizing the revocation of a dentist’s license for specific offenses, the additional phrase “or for any other dishonorable conduct” is not void for indefiniteness.</p> <p>4. - Form of Complaint Sufficient. The enforcement of the order of the board of dental examiners revoking the license of a dentist will not be enjoined for any informalities in the complaint made, or in the manner of conducting the investigation based thereon, where he is advised of the nature of the accusation against him, and given a fair opportunity to prepare and present his defense.</p>

Judges: Mason

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