Opinion

State Ex Rel. Welsh v. State Medical Board

  • 145 Ohio St. 74
  • 145 Ohio St. (N.S.) 74
  • 30 Ohio Op. 287
  • 60 N.E.2d 620
  • 1945 Ohio LEXIS 392
Court
Ohio Supreme Court
Filed
Apr 4, 1945
Status
Published
On the bench
Weygandt, Zimmerman, Bell, Williams, Turner, Matthias, Hart
Cited by
10 cases
Authority
More cited than 94.9%

The opinion

*75

By the Court.

Counsel for relator cite no statute requiring the State Medical Board to restore or reinstate a license which has been revoked. It is stated in the brief for relator: “The question then is this: Granted that the Legislature failed expressly to endow the medical board with the powers of restitution of license after revocation, has the board implied or cognate power to do so? We believe and respectfully submit that it has.”

The writ of mandamus will not issue to command performance of “implied or cognate power.” Section 12283, General Code, defines mandamus as “a writ issued * * * to * * * a * * * board* * * commanding the performance of an act which the law

specially enjoins

as a duty resulting from an office. * * *.” (Emphasis ours.)

We are asked to issue a writ of mandamus to command the performance of an act which is not specially enjoined by law upon the board. The writ will not issue for that purpose.

Writ denied.

Weygandt, C. J., Zimmerman, Bell, Williams, Turner, Matthias and Hart, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.