Rutledge v. State Medical Board

Citations

• 106 Ohio St. (N.S.) 544

Syllabus

<p>State medical board — Refusal to issue license — Right of appeal and procedure — Section 1%16, General Code — Mrror to dismiss proceeding without hearing, when.</p> <p>1. Section 1276, General Code, grants the right of appeal from certain orders of the state medical board, but does not define, the procedure for perfecting such appeal. The right to appeal thus conferred is a substantial right which does not fail because of the failure to provide the mode of perfecting it.</p> <p>2. Where a party desires to appeal and files in the court of com- . mon pleas of the county of his residence a petition alleging his grievance against the board and demanding a certification of the papers and records to that court, it is error to dismiss his proceeding without a hearing upon the claim so appealed.</p>