Stern v. State Board of Dental Examiners

Citations

• 50 Wash. 100
• 96 P. 693
• 1908 Wash. LEXIS 674

Syllabus

<p>States — State Dental Board — Authority to Employ Attorney— Criminal Law — Prosecutions—Private Counsel. The authority of the state dental board to employ private counsel does not depend upon the consent of the prosecuting attorney, under Bal. Code, § 3031, requiring the consent of the prosecuting attorney to assistance by private counsel in prosecutions by the state dental board; consent being necessary only to participation in the prosecution.</p> <p>Criminal Law — Prosecutions—Private Counsel. Where private-counsel of the state dental board asisted in prosecutions instituted by the board, it will be presumed that the prosecuting attorney consented thereto as required by Bal. Code, § 3031.</p> <p>Judgments — Collateral Attack. A judgment cannot be attacked by objection to the sufficiency of the complaint in the action, in a collateral proceeding brought to enforce the judgment.</p> <p>States — Action Against Board. An action and judgment against the state dental board is not against the state, and the state is not. bound thereby.</p> <p>Same — State Boards — Actions—Capacity to be Sued. The state-dental board has incidental capacity to be sued by individuals, independently of statute, as a corporation sub modo.</p> <p>Same — Judgments—Against State Dental Board — Enforcement-—Supplemental Proceedings. Bal. Code, § 5676, providing for the manner of enforcing judgments against public corporations paying claims and demands by orders or warrants drawn on the treasurer, does not preclude supplemental proceedings to enforce a judgment: against the state dental hoard, which under Bal. Code, §3031, handles its funds and satisfies its claims the same as any individual or corporation. .</p> <p>Same — Mandamus—Concurrent Remedy. If judgment against the state dental board may be enforced by mandamus proceedings, under Bal. Code, § 5755, it is no more than a concurrent remedy, and does not exclude proceedings supplementary to the judgment.</p> <p>Same — Receivers—Funds of S