State Medical Examining Board v. Stewart

Citations

• 46 Wash. 79
• 89 P. 475
• 1907 Wash. LEXIS 564

Syllabus

<p>Judgment — Bar — Dismissal and Nonsuit — Effect of Stipulation. A dismissal of a proceeding under a stipulation dismissing the same without costs to either party, does not amount to a retraxit, and cannot he pleaded in bar of another action without alleging facts showing a full settlement of the contested points.</p> <p>Same — Abatement—Merits. A dismissal of an action on the ground of the pendency of another action for the same cause, cannot he pleaded as a determination of the merits in a subsequent action.</p> <p>Limitation of Actions — Physicians and Surgeons — Licenses— Proceedings to Revoke — Rule of Evidence. Under Laws 1905, p. 70, providing no limitation, the statute of limitations cannot be pleaded in bar of a proceeding to revoke the license of a physician on the ground of a conviction of an offense involving moral turpitude, under Bal. Code, § 3015, making the same conclusive evidence of unprofessional conduct, as the same is hut a rule of evidence to which the statute of limitations does not apply.</p>