Opinion

Rutledge v. State Medical Board

  • 1 Ohio Law. Abs. 136
Court
Ohio Supreme Court
Filed
Jul 1, 1922
Status
Published
Author
Marshall
On the bench
Clark, Consideration, Hough, Jones, Marshall, Matthias, Robinson, Took, Wanamaker
Cited by
0 cases

The opinion

MARSHALL, C. J.:

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 appeaal. 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.

2. Where a party desires to appeal and files in the court of of common 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.

Judgment reversed.

Hough, Wanamaker, Robinson, Jones and Matthias, JJ., concur. Clark, J.J took no part in the consideration or decision of the case.

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.

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