State ex rel. Brown v. Board of Dental Examiners

Citations

• 38 Wash. 325
• 80 P. 544
• 1905 Wash. LEXIS 1170

Syllabus

<p>Dentists—Licenses—Examination—Questions and Answers— Admissibility-—Former Order to Produce. In. mandamus to compel the state dental board to issue a license to practice dentistry, to an applicant who alleged that the same was withheld because he refused to agree to a code of ethics, in which the board answered that the license was withheld because he failed to pass the usual examination, the questions and answers at such examination are inadmissible, and it is therefore proper for the trial judge to disregard a former order in the case by a former presiding judge, ordering the board to produce such questions and answers.</p> <p>Same—Discretion of Board on Examination-—Review of. In such a case, the determination of the credits to be given answers in the examination is within the exclusive discretion of the dental board, and the courts will not review the same, unless the action of the board is arbitrary and fraudulent to the extent of being a refusal to exercise its discretion.</p> <p>Same—Fraud in Withholding License—Evidence—Failure of Proof. In mandamus to compel the state dental board to issue a license to practice dentistry, in which no evidence was offered of the allegation that the license was fraudulently withheld because . the applicant refused to agree to a code of ethics, and there was no other allegation of fraud, there is a total failure of proof, and the proceeding is properly dismissed.</p>